I vote to reverse because the case of Bergin v. Ganley,107 N.J.L. 243, does not apply to the instant case, because there was no suit pending in the Supreme Court, within the reasoning of that case, when judgment was entered in the District Court action.
For affirmance — THE CHANCELLOR, CHIEF JUSTICE, TRENCHARD, PARKER, LLOYD, CASE, BODINE, HEHER, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, DILL, JJ. 14.
For reversal — DONGES, J. 1.