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Sewell v. Lathrop

23 N.Y.S. 1154 Court N.Y. Gen. Term Decision date 1893-02-23 English

Contents

Majority

p. 1154
(67 Hun, 651.)
SEWELL, Respondent, v. LATHROP, Appellant.
(Supreme Court, General Term, Fourth Department.
February 23, 1893.)

Headnote

Action by Henry B. Sewell against Aaron M. Lathrop.

No opinion. Order modified, by striking out the words “with costs to abide the event,” and inserting, in lieu thereof, the words “upon payment of the costs of the trial. If such costs are not paid within 20 days, the motion for a new trial denied, with costs;” and, as so modified, affirmed, without costs of the appeal to either party. See Bailey v. Park, 5 Hun, 41 ; Comstock v. Dye, 13 Hun, 113 ; Kelly v. Frazier, 27 Hun, 314 ; Roney v. Aldrich, 44 Hun, 320 .