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Smith v. Smith

222 A.D. 694 Court N.Y. App. Div. English

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p. 694
Mildred M. Smith, Respondent, v. William E. Smith, Appellant.

Judgment reversed upon the law and the facts and new trial granted, without costs. Plaintiff’s version as to what happened on March 24, 1926, should be elicited in detail, in order that it may be determined whether or not she was abandoned. Defendant should be afforded an opportunity to present his version of the March 24, 1926, incident through witnesses in addition to himself. Young, Lazansky, Hagarty, Seeger and Carswell, JJ., concur.