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Dwight v. Gibb

145 A.D. 915 Court N.Y. App. Div. Docket Appeal No. 2 English

Judges Present—Ingraham, P. J., McLaughlin, Scott, Miller and Dowling, JJ. Scott and Miller, JJ., dissented.

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p. 915
Stanley Dwight, as Substituted Trustee under the Last Will and Testament of Timothy Dwight, Deceased, Plaintiff, v. Harrison Jeffray Gibb and Charles Alexander Gibb, Respondents, Impleaded with Lilian Constance Jeffray and Others, Defendants. Stanley Dwight, Individually, Appellant.
(Appeal No. 2.)

Headnote

Appeal from an order denying a motion for a commission to take testimony on written interrogatories.

The order should be affirmed, with ten dollars costs and. disbursements, on the authority of Dwight v. Gibb, No. 1 (ante, p. 223), decided herewith.

Present—Ingraham, P. J., McLaughlin, Scott, Miller and Dowling, JJ. Scott and Miller, JJ., dissented.

Order affirmed, with ten dollars costs and disbursements, on the authority of Dwight v. Gibb, No. 1 (supra), decided herewith.