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Wagner v. Tilly

131 N.Y.S. 1148 Court N.Y. App. Div. Decision date 1911-10-13 English

Contents

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p. 1148
VAN WAGNER, Appellant, v. TILLY, Respondent.
(Supreme Court, Appellate Division, Second Department.
October 13, 1911.)

Headnote

Action by William F. Tilly. Van Wagner against Charles A.

Judgment of the Municipal Court reversed, and new trial ordered, costs to abide the event, on the ground that the judgment in the former action, not being upon the merits, is not a bar to the maintenance of the present action,: and that the Municipal Court has jurisdiction, of the cause of action set forth in the complaint.