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REILLY v. PEREHINYS

33 N.J. Super. 69 (1954)

109 A.2d 449

HUGH REILLY, GENERAL ADMINISTRATOR, AND ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF EDWARD JAMES REILLY, DECEASED, PLAINTIFF-RESPONDENT, v. GEORGE PEREHINYS, CATHERINE PEREHINYS, HIS WIFE, AND ROBERT PEREHINYS, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 12, 1954.

Attorney(s) appearing for the Case

Mr. Theodore G. Fitzgeorge argued the cause for plaintiff-respondent.

Mr. George Warren argued the cause for defendants-appellants (Messrs. Herr & Fisher, attorneys).

Before Judges CLAPP, JAYNE and FRANCIS.

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

Defendants appeal from a refusal to set aside a judgment for $5,350 taken against them by default in a death action. They claim: first, that this judgment was entered without any proof as to the matter of liability; second, that notice was not given them as required by R.R. 4:56-2(c); and third, that under the circumstances herein related and by...

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