Opinion
No. 50/256.
10-28-1921
WESTERN ELECTRIC CO., Inc. v. JERSEY SHORE REALTY CO.
George Edward Quigley, of Union Hill, for the motion.
(Syllabus by the Court.)
Action by the Western Electric Company against Jersey Shore Realty Company. On motion for order of reference.
George Edward Quigley, of Union Hill, for the motion.
WALKER, Ch. A draft of an order of reference in blank to a vice chancellor has been handed to me by the solicitor of the complainant, with consent thereunder written by the solicitors of the defendant it is indorsed:
"George Edward Quigley, Solicitor for Complainant, Office and P. O. Address, 195 Broadway, Borough of Manhattan, New York City."
This is irregular. Rule 42 of this court (100 Atl. x) provides inter alia:
"The solicitor of any complainant or petitioner shall append to his name indorsed on the bill or petition a statement of his office address in this state. * * * The solicitor of any defendant shall append to his name indorsed on the first paper filed by him in the case a statement of his office address in this state."
Thus it appears that it is unnecessary for a solicitor, after the filing of the first paper in a cause, to indorse his office address upon subsequent ones. It is, however, quite usual to indorse all papers with not only the name but the office address, of the solicitor. Now, if a solicitor of this court, who has an office in another state, desires for any reason to indorse his address in that state upon a paper filed in this court, he may do so, if he first indorses his New Jersey office address upon the paper. Thus, the indorsement on the order before me might have been:
"George Edward Quigley, Solicitor for Complainant, 543 Fulton Street, Union Hill, New Jersey; also office and post office address, 195 Broadway, Borough of Manhattan, New York City."
An examination of the bill filed in this cause discloses the fact that complainant's solicitor properly indorsed it with his address in this state. One reason, at least, for requiring the New Jersey address of a solicitor to be indorsed upon certain papers filed in this court, is that the adversary party or his solicitor may be informed where in this state notices may be served upon the other side, and he is not required to make service out of the state. Not only is a party entitled to know whom to serve (In re Stewart, 85 N. J. Eq. 3, 95 Atl. 739), but also where to make service.
The rule must be adhered to, and the first paper (bill, petition, or answer, etc.) must be indorsed with the office address in this state of the solicitor aud, while no indorsement of address is necessary on any subsequent paper, it may nevertheless be made, and, if made, must be the office address in this state, which, as above stated, may be supplemented by an address out of the state.
Where a party appears for himself, he must indorse his residence on the first paper, at least. This is also a requirement of the rule.