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Ridgway v. Bacon

30 N.Y.S. 1134 Court N.Y. Gen. Term Decision date 1894-11-16 English

Delivered by VAN BRUNT, P. J.

Contents

Majority

p. 1134
RIDGWAY, Respondent, v. BACON, Appellant.
(Supreme Court, General Term, First Department.
November 16, 1894.)

Headnote

Action by Edgar L. Ridgway, as administrator, against Charles P. Bacon, impleaded. For former reports, see 22 N. Y. Supp. 1016 ; 25 N. Y. Supp. 651 . C. Donohue, for appellant. Elden Bisbee, for respondent.

Whatever might have been my opinion upon the questions raised by this appeal had this case not been before this court before, it seems to me that these questions have been determined adversely to the appellant upon the previous appeal, and such adjudication must be followed. The-interlocutory judgment appealed from must therefore be affirmed, with leave to the appellant, upon payment of the costs of this appeal, and of the court below, to withdraw his demurrer and answer.