Smith v. Smith — 193 N.Y. 667

Majority

p. 667

John R. Smith, Respondent, v. Rebecca Smith, Appellant.

Headnote

Smith v. Smith, 120 App. Div. 278 , affirmed.

(Argued November 18, 1908;

decided December 8, 1908.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 26, 1907, which reversed a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term and granted a new trial in an action to establish an easement of right of way over defendant’s premises, for an injunction and for damages.

Leonard J. Obermeier and Montague Lessler for appellant.

Richmond Weed for respondent.

Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur; Cullen, Ch. J., Gray, Haight, Werner, Willard Bartlett, Hiscock and Chase, JJ.

Cases cited

Smith v. Smith 120 App. Div. 278 N.Y. App. Div. 1907-06-14 p. 667