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Little v. Cowdin

214 A.D. 820 Court N.Y. App. Div. English

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p. 820
Raymond D. Little, as Administrator, etc., of Eugene D. Little, Deceased, Respondent, v. John E. Cowdin, Appellant, Impleaded with James Callan, Defendant.

Motion for reargument denied. The point that there was no proof of the New Jersey Death Statute[1] pleaded in the complaint was not raised at the trial, nor was the question presented to this court in the brief filed by counsel for the appellant. Motion for leave to appeal to the Court of Appeals denied. Stay continued to enable appellant to apply to the Court of Appeals. Present — Kelly, P. J., Jaycox, Kelby and Kapper, JJ.

* SeeN. J. Laws of 1848, p. 151, as amd.; 2 Comp. Stat. N. J. 1907, § 7 et seq.; Id. 1908, § 8; Id. First Supp. 475, § 4; N. J. Laws of 1917, p. 531, chap. 180.— [Rep.