Hyperlawhypertext legal database Miller v. City of Buffalo 111 N.Y.S. 1131

← Cases

Miller v. City of Buffalo

111 N.Y.S. 1131 Court N.Y. App. Div. Decision date 1908-05-27 English

Contents

Majority

p. 1131
MILLER, Appellant, v. CITY OF BUFFALO et al., Respondents.
(Supreme Court, Appellate Division, Fourth Department.
May 27, 1908.)

Headnote

Action by Mary Miller against the city of Buffalo and another.

Judgment and order of Special Term, and judgment of Municipal Court of the city of Buffalo, reversed, and a new trial ordered in said Municipal Court, with costs in all courts to appellant to abide event. New trial to be had on Tuesday, June 9, 1908, at 10 o’clock in the forenoon. Held, that the determination by the Municipal Court was a nonsuit, and not a decision upon the merits, and as such was unauthorized.