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Chism v. Smith

124 N.Y.S. 1112 Court N.Y. App. Div. Decision date 1910-09-21 English

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p. 1112
CHISM et al. v. SMITH.
(Supreme Court, Appellate Division, Third Department.
September 21, 1910.)

Headnote

Action by John D. Chism, Jr., and another against Sheldon D. Smith. .

Order amended, by striking out the provision that the judgment is reversed and a new trial granted, and inserting-in place thereof: “Judgment so far as appealed from by the plaintiff's affirmed, and so far as appealed from by the defendant reversed, and a new trial granted.” See, also, 138 App. Div. 715 , 123 N. Y. Supp. 691 .