Continental Adjustment Corp. v. Melko
Continental Adjustment Corp. v. Melko
Opinion of the Court
The prosecutor sued the respondent Klause in the District Court of the city of Perth Amboy and filed its -complaint to which the defendant therein filed her specification of defenses and a counter-claim. The matter seems to have been disposed of by the judge of the District Court sitting .without a jury and on an agreed state of facts.
Prosecutor alleges that a judgment was entered in its favor and against the defendant on June 18th, 1934, and that more than thirty days thereafter,, namely, on August 31st, 1934, the District Court judge, without notice to the prosecutor, reversed that determination and entered judgment for the defendant on the latter’s counter-claim. Prosecutor seeks to set aside that alleged alteration in the judgment. Its case rests upon the basic proposition that a judgment was rendered in its behalf.
If the docket entries did not correctly show the court record, it was for the prosecutor to obtain an order from a Supreme Court justice ruling the District Court judge to certify as to any fact or facts claimed to be material and not found in the state of case. Ashendorf v. Delaware, Lackawanna and Western Railroad Co., 11 N. J. Mis. R. 487; 167 Atl. Rep. 27; Smith v. Wendkos, 112 N. J. L. 391; 170 Atl. Rep. 858. Upon the record as it comes to me I must conclude that the prosecutor has not made a case.
The writ will be dismissed, with costs.
Reference
- Full Case Name
- CONTINENTAL ADJUSTMENT CORPORATION, PROSECUTOR v. MATHEW F. MELKO, JUDGE OF THE DISTRICT COURT OF THE CITY OF PERTH AMBOY, AND EDYTHE M. KLAUSE
- Status
- Published