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Kerr v. Smith

156 A.D. 808 Court First Department, Decision date 1913-05-29 Docket Appeal No. 2 English

Contents

Majority

p. 808
Emilie W. Kerr, as Executrix under the Last Will and Testament of Eliza M. Smith, Deceased, Respondent, v. Addison Smith, Appellant, Impleaded with Henry Ives Smith, as Executor, etc., of Eliza M. Smith, Deceased, Defendant.
(Appeal No. 2.)
First Department,
May 29, 1913.

Headnote

See head note in Kerr v. Smith, No. 1 (ante, p. 807).
Appeal by the defendant j .Addison Smith,' from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county pf New York on the 28th day of April, 1913, denying a motion to vacate an attachment on original papers.
James R. Sloane, for the appellant.
Edward D. Bryde, for the respondent.

Appeal from an order denying defendant’s motion to vacate an attachment.

For the reasons given for the reversal of the order denying defendant’s motion to dismiss the attachment on further papers (Kerr v. Smith, No. 1, 156 App. Div. 807 ), the order on this appeal should be reversed, with ten dollars costs and disbursements.

Present — Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ.

Order reversed, with ten dollars costs and disbursements, and motion granted, With ten dollars costs.

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