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LAMASTRA v. MONTGOMERY WARD & CO., INC.

25 N.J. Super. 14 (1953)

95 A.2d 442

NETTIE L. LAMASTRA, PLAINTIFF-RESPONDENT, v. MONTGOMERY WARD & CO., INC., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 5, 1953.

Attorney(s) appearing for the Case

Mr. Isidor Kalisch argued the cause for the respondent (Mr. David H. Harris, attorney).

Mr. Edward J. McDonough argued the cause for the appellant (Messrs. McDonough & McDonough, attorneys).

Before Judges EASTWOOD, BIGELOW and JAYNE.

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

This appeal presents but a single question: Was the appeal from the Workmen's Compensation Division to the County Court taken within time?

The statute, R.S. 34:15-66 (amended L. 1945, c. 74, § 17), which gives the right of appeal, prescribes that the notice of appeal shall be filed within 30 days after the judgment of the Division has been rendered. If the statute controls...

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