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GALLENA v. SCOTT

11 N.J. 231 (1953)

94 A.2d 312

PAUL S. GALLENA, PLAINTIFF-RESPONDENT, v. I. GRANT SCOTT, CLERK OF SUPERIOR COURT OF NEW JERSEY, SUCCESSOR TO I. GRANT SCOTT, CLERK IN CHANCERY OF NEW JERSEY, WILLARD G. WOELPER, ADMINISTRATIVE DIRECTOR OF THE COURTS OF THE STATE OF NEW JERSEY, AND J. LINDSAY DE VALLIERE, DIRECTOR OF THE DIVISION OF BUDGET AND ACCOUNTING, DEPARTMENT OF THE TREASURY OF THE STATE OF NEW JERSEY, JOINTLY, INDIVIDUALLY, AND IN THE ALTERNATIVE, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided January 19, 1953.

Attorney(s) appearing for the Case

Mr. Benjamin C. Van Tine, Deputy Attorney-General, argued the cause for appellant (Mr. Theodore D. Parsons, Attorney-General, on the brief).

Mr. George Pellettieri argued the cause for respondent.

The opinion of the court was delivered by HEHER, J.

By this appeal, defendants challenge an order of the Law Division of the Superior Court denying their motion to dismiss the complaint for want of jurisdiction in that the pleaded cause of action in reality constitutes a suit against the State of New Jersey, brought without its consent.

The motion was made pursuant to Rule 3:12-2; and the appeal was taken to the Appellate Division of the Superior Court...

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