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McDonald v. De Vito

115 A.D. 922 Court N.Y. App. Div. English

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p. 922
George M. McDonald, Respondent, v. Donato De Vito and Another, Appellants.

lants.— Motion denied, without costs. Held, that all questions-as to inaccuracies in the case and exceptions must be determined in the lower court, and the case and exceptions as finally settled filed, before a motion to dismiss under rule 41[1] can be entertained here.

* General Rules of Practice.— [Rep.