Harrington v. Greidanus, 24.
| Decision Date | 08 December 1931 |
| Docket Number | No. 24.,24. |
| Parties | HARRINGTON et al. v. GREIDANUS. |
| Court | New Jersey Supreme Court |
Appeal from Circuit Court, Essex County.
Action by John Harrington and another against Taco Greidanus. From the judgment, an appeal was taken.
Dismissed.
Argued May term, 1931, before GUMMERE, C. J., and PARKER and CASE, JJ.
William Tyacke and Edward L. Davis, both of Orange, for appellant.
Richard J. FitzMaurice and Anard W. Littman, both of Orange, for respondents.
Rule 141 of this court provides that on all appeals taken the statement of the case submitted to the court shall include, among other matters, the record of the case. It hardly seems necessary to state that a judgment which is sought to be reviewed must appear as a part of that record. An examination of the statement of the case submitted to the court on this appeal fails to disclose that any Judgment was ever entered in the circuit court. Unless the record of the alleged judgment is Included in the statement of the case submitted upon the appeal, the court cannot either affirm or reverse it, for there is nothing before the court to review. Thompson v. Browne, 39 N. J. Law, 2; Mershon v. Castree, 57 N. J. Law, 484, 31 A. 602; Stagway v. Riker (N. J. Err. & App.) 88 A. 1067.
For the reason indicated, the appeal will be dismissed.
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...N.J.Law, 410, 169 A. 667), and that a judgment which is sought to be reviewed must appear as a part of the record (Harrington v. Greidanus, 157 A. 384, 9 N.J.Misc. 1340). The appeal will, therefore, be We add, however, that even on the assumption of an entry of and an appeal from a final ju......
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Harrington v. Greidanus, 19.
...by next friend, against Taco Greidanus. Judgment for plaintiff, and defendant appeals. On reinstatement of appeal after dismissal in 157 A. 384. Argued January term, 1932, before GUMMERE, C. J., and PARKER and CASE, JJ. Edward L. Davis, of Orange, for appellant. Anard W. Littman, of Orange,......
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