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Burnside v. Marsh

123 N.Y.S. 1109 Court N.Y. App. Div. Decision date 1910-06-01 English

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p. 1109
BURNSIDE et al., Respondents, v. MARSH, Appellant.
(Supreme Court, Appellate Division, Fourth Department.
June 1, 1910.)

Headnote

Action by James M. Burnside and others against Clifford B. Marsh.

Order affirmed, without costs. Held, that the motion to amend was properly granted, and it was not, therefore, necessary to grant the motion for judgment. The amended complaint- is not before us, so we do not pass upon its sufficiency, and, as it will supersede the original complaint, we do not determine whether that states a cause of action.