Sabo v. Crooks
Court: New Jersey Superior Court Appellate Division; January 26, 1961; New Jersey; State Appellate Court
Defendant appeals a judgment from a county district court that favored the plaintiff in a case concerning the recovery of funds for propane gas supplied to the Crooks home, both before and after the death of the defendant’s husband. The plaintiff's claim appears to rely on the defendant's obligation to cover her husband’s debt. The defendant's appeal includes the complaint, certain exhibits, and a statement of evidence prepared by her attorney, which was allegedly served on the trial judge but not on the plaintiff’s attorney, nor did the plaintiff file any objections or amendments as required. The trial judge did not approve or disapprove this statement, resulting in an incomplete appeal. The court emphasizes the necessity of adhering to procedural rules outlined in B. B. 1:6-3 for effective appeals where no stenographic record exists. Under these rules, the appellant's counsel must prepare and serve a statement based on available sources and recollection, allowing the respondent to object or amend within ten days. The trial judge must then settle the statement within ten days, which should be included in the appeal record. The court criticizes the current appeal as underprepared and reiterates the mandatory nature of these rules to ensure timely appeals. While the judgment amount is small, there may be legitimate grounds for the appeal related to the statute of frauds. Consequently, the case is remanded for the proper preparation and approval of the statement of proceedings and evidence, which must be filed by February 25, 1961, while the appeal remains pending.