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Caritey v. Eggers

114 A.D. 907 Court Third Department, English

Contents

Majority

p. 907
Third Department,
June, 1906.
Jules Constant Caritey, Respondent, v. Frederick H. Eggers, Defendant, and Louis Silver, Appellant.

Headnote

Order setting aside process &emdash; costs.

We must assume that the order setting aside the service was properly made. The defendant’s subsequent voluntary appearance does not justify a reopening of that motion. For the reason that the question is academic no costs are allowed. All concurred. Order reversed, without costs, and motion denied, without costs.