Maccia v. Stanzione
| Decision Date | 06 June 1913 |
| Citation | 87 A. 75,84 N.J.L. 509 |
| Parties | MACCIA v. STANZIONE. |
| Court | New Jersey Supreme Court |
(Syllabus by the Court.)
Appeal from District Court of Newark.
Action by Clemente Maccia against Antonio Stanzione. From judgment for plaintiff, defendant appeals. Appeal dismissed.
Argued February term, 1913, before TRENCHARD, PARKER, and VOORHEES, JJ.
Gaetano M. Belfatto, of Newark, for appellant.
Anthony R. Finelli, of Newark, for appellee.
Under the act providing for appeals from the district courts of this state to the Supreme Court (P. L. 1902, p. 565, as amended P. L. 1910, p. 236; C. S. 1910, p. 2016, § 213a), the appellant must bring up, with the state of the case, a certified transcript of the judgment record in the court below. Katzin v. Jenny, 74 N. J. Law, 131, 65 Atl. 192; Nissel v. Swinley, 74 N. J. Law, 344, 68 Atl. 112; Smith Co. v. Oathout, 75 N. J. Law, 438, 67 Atl. 1023. This the appellant in the present case has failed to do.
Under rule 90 of this court, upon the argument of an appeal from the district court, the appellant must furnish to the court, with the state of the case and the copy of the judgment record, a copy of his "specifications of the determinations or directions of the district court with respect to which he is dissatisfied in point of law." This, also, the appellant has failed to do.
The appeal will be dismissed, with costs.
To continue reading
Request your trial
-
F. Bowden Co. v. Deuschle
...and the absence of such judgment record leads to a dismissal of the appeal." Citing cases. To the same effect are Maccia v. Stanzione, 84 N.J.L. 509, 87 A. 75, and Zyk v. Prudential Insurance Company, 180 A. 628, 13 N.J.Misc The state of the case being defective and not in accordance with t......
- Melick v. Metro. Life Ins. Co.