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Schmidt v. Jewett

100 N.Y.S. 1141 Court N.Y. App. Div. Decision date 1906-06-15 English

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p. 1141
SCHMIDT, Appellant, v. JEWETT et al., Respondents.
(Supreme Court, Appellate Division, Second Department.
June 15, 1906.)

Headnote

Action by Melinda P. Schmidt, as executrix of Bache McEvers Schmidt, deceased, against Elise M. Jewett and others.

No opinion. Judgment reversed on the ground that the trial court had no right on the pleadings to give final judgment on overruling the demurrer to the defenses, and an interlocutory judgment overruling the demurrer is directed, with costs to the appellant; the same to be settled before Mr. Justice GAYNOB.