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Parks v. Andrews

23 N.Y.S. 1153 Court N.Y. Gen. Term Decision date 1893-02-23 English

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Majority

p. 1153
(67 Hun, 650.)
PARKS, Appellant, v. ANDREWS et al., Respondents.
(Supreme Court, General Term, Fourth Department.
February 23, 1893.)

Headnote

Action by Horace Parks, as surviving administrator of X Lee Tinker, deceased, against Clarence Andrews, individually, and as administrator of Josiah Andrews, deceased, and others.

No opinion. Judgment and order reversed, and a new trial ordered, with costs to abide the event: Held: (1) That the exceptions taken to the admission of the evidence of Grant Andrews and May Potter as to the declarations of their father present error. See Holcomb v. Holcomb, 95 N. Y. 316 ; In re Eysaman, 113 N. Y. 62 , 20 N. E. Rep. 613 ; In re Dunham, 121 N. Y. 575 , 24 N. E. Rep. 932 .

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