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JERSEY CITY v. HAGUE

18 N.J. 584 (1955)

115 A.2d 8

CITY OF JERSEY CITY, A MUNICIPAL CORPORATION, PLAINTIFF-APPELLANT, v. FRANK HAGUE, DEFENDANT-RESPONDENT, AND FRANK HAGUE EGGERS, ET AL., DEFENDANTS.

The Supreme Court of New Jersey.

Decided June 13, 1955.

Attorney(s) appearing for the Case

Mr. Mortimer Neuman argued the cause for the appellant (Mr. John B. Graf, corporation counsel).

Mr. Thomas McNulty argued the cause for the respondent, Frank Hague (Messrs. Milton, McNulty & Augelli, attorneys).

The opinion of the court was delivered by VANDERBILT, C.J.

Defendant Frank Hague moved, without supporting affidavit, to dismiss the complaint "for failure to state a claim upon which relief can be granted" and the trial court granted the motion. The plaintiff appealed to the Appellate Division of the Superior Court and we certified the case on our own motion while it was pending there.

I. THE FACTS OF THE COMPLAINT

No principle of pleading is better...

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