Supreme Court of New Jersey, 1941

Loizeaux Builders Supply Co. v. Deuschle

Loizeaux Builders Supply Co. v. Deuschle
Supreme Court of New Jersey · Decided December 26, 1941 · Cueiam, Parker, Donges, Colie
23 A.2d 255; 127 N.J.L. 465; 1941 N.J. Sup. Ct. LEXIS 49 (Atlantic Reporter, Second Series)

Loizeaux Builders Supply Co. v. Deuschle

Opinion of the Court

Pee Cueiam.

This is an appeal from the District Court from a judgment in favor of the respondent against the appellants Deuschle, on an alleged stop notice under the Mechanics’ Lien Law. The case shows the same deficiency discussed in the case of E. Bowden Company against the same defendants, 127 N. J. L. 464, namely, that there is no copy of the judgment record as required by rule 145 of this court. The statute provides (R. S. 2:32-2) “except where there is an express provision of ■ law providing otherwise, the practice and procedure in the Circuit Courts shall, in so far as applicable, apply to the District Courts.” In a Circuit Court appeal the pleadings and judgment thereon would constitute the record, and while ordinarily in a District Court there is only one pleading, namely a state of demand, that pleading is the basis of the judgment and an essential part of the record. The requirement has been pointed out many times in our decisions. Katzin v. Jenny, 74 N. J. L. 131; Hill v. Adams Express Co., Id. 338 (at p. 340); Nissel v. Swinley, Id. 344; Maccia v. Stanzione, 84 Id. 509; Galvin v. Ostrander Fire Brick Co., Id. 530, and cases cited.

Eor want of a proper state of the case the appeal will be dismissed, with costs.

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