State of New Jersey, by Theodore D. Parsons, Attorney-General of the State of New Jersey, Plaintiff-Respondent, v…

Summary

The Supreme Court of New Jersey reversed the trial court's denial of counsel fees to Otis Elevator Company in an escheat action, holding that a fund in court exists and that Rule 3:54‑7 permits an allowance of reasonable counsel fees to the defendant. The Court remanded for the appropriate award, and noted that the rule‑making power over practice and procedure remains exclusive to the courts despite the State's participation. Two dissenting opinions argued that the Escheat Act's legislative policy precludes such fees and that the majority improperly expands procedural rule‑making into substantive statutory rights.