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Brady v. Spellman

135 N.Y.S. 1101 Court N.Y. App. Div. Decision date 1912-05-02 English

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p. 1101
BRADY, Respondent, v. SPELLMAN, Appellant.
(Supreme Court, Appellate Division, Second Department.
May 2, 1912.)

Headnote

Action by Catherine Brady, an infant, by Patrick Brady, her guardian ad litem, against Catherine Spell-man.

The defendant might well have been entitled to a change of the place of trial, if the motion had been timely; but it was not, for it was noticed for December 30th. The defendant did not ask for specific relief from the mistake made in the first notice, which the court in its discretion might have afforded. The order is affirmed, with $10 costs and disbursements.