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Sebring v. Graves

197 A.D. 921 Court N.Y. App. Div. English

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p. 921
James O. Sebring, Respondent, v. George R. Graves, as Trustee of Marion C. Graves, Appellant, Impleaded with Others.

Order reversed and motion denied, but under the circumstances, without costs. Held, that in view of the denial and allegations contained in the answer, which is verified, the court erred in striking out the answer as sham upon affidavits controverting the allegations of the answer. All concur.