Smith v. Pitts

236 A.D. 871 Court N.Y. App. Div. English

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Majority

p. 871

Wright A. Smith, Appellant, v. Margaret A. Pitts and Others, Respondents, Impleaded with Henry E. Cooper and Others, Appellants.

Interlocutory judgment affirmed, with costs. Van Kirk, P. J., Hinman and Rhodes, JJ., concur; Hill, J., dissents and votes to reverse on the ground that the evidence required the finding and decision of marriage between Polly Mary Smith and James Cooper; Crapser, J., not sitting.