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BOR. OF OAKLAND v. ROTH

28 N.J. Super. 321 (1953)

100 A.2d 698

BOROUGH OF OAKLAND, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. EMIL ROTH AND ELLA MAE ROTH, HIS WIFE, ALICE E. CASELLA AND CHARLES M. CASELLA, HER HUSBAND, GARRETT W. JUNTA AND ETHEL A. JUNTA, HIS WIFE, AND SHIRLEY TINTLE AND DONALD TINTLE, HER HUSBAND, DEFENDANTS-RESPONDENTS. INTERVENTION BY THEODORE D. PARSONS, ATTORNEY-GENERAL OF THE STATE OF NEW JERSEY.

Superior Court of New Jersey, Appellate Division.

Decided November 12, 1953.

Attorney(s) appearing for the Case

Mr. James M. Muth briefed the cause for appellant (Messrs. Weber, Muth & Weber, attorneys).

Mr. Chester K. Ligham, Deputy Attorney-General, argued the cause for the State (Mr. Theodore D. Parsons, Attorney-General of the State of New Jersey).

Mr. James A. Major argued the cause for respondents (Messrs. Major & Carlsen, attorneys).

Before Judges EASTWOOD, JAYNE and FRANCIS.

The opinion of the court was delivered by JAYNE, J.A.D.

It was resolved in the Chancery Division that the alleged cause of action of the borough was not maintainable. The present appeal implicates the propriety of the order dismissing the complaint.

The allegations of the complaint augmented by some stipulated matters set forth the following state of affairs which, for the purpose of the motion to dismiss, were...

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