Winberry v. Salisbury

74 A.2d 406 (1950)

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Winberry v. Salisbury

New Jersey Supreme Court
74 A.2d 406 (1950)

Facts

The trial court dismissed a complaint for failure to state a cause of action. Winberry appealed, and the appellate court dismissed the appeal, finding that the notice of appeal had been filed after the 45-day time limit on filing a notice of appeal imposed by the New Jersey Supreme Court’s rules. A New Jersey statute passed by the state legislature permitted a notice of appeal to be filed up to one year after a judgment is entered by the trial court. The appellate court ruled, however, that the New Jersey Supreme Court’s rules supersede the state statute because the New Jersey Constitution gives the New Jersey Supreme Court the authority to make rules and govern the administration, practice, and procedure of the judiciary.

Rule of Law

Issue

Holding and Reasoning (Vanderbilt, C.J.)

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