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McBride v. Harris

35 N.Y.S. 689 Court N.Y. Gen. Term Decision date 1895-11-15 English

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p. 689
McBRIDE v. HARRIS.
(Supreme Court, General Term, First Department.
November 15, 1895.)

Headnote

Appeal—Review— Record.
Papers recited, in an order, and on which it was made, not appearing in the record, will be presumed on appeal to sustain the order.
Appeal from special term.
Application of Mary McBride, administratrix, against Henry G-. Harris. From an order directing defendant to deposit a sum of money in court, and denying a motion for reargument, defendant appeals. Affirmed.
Argued before VAN BBUNT, P. J., and FOLLETT and PARKER, JJ.
Daniel Daly, for appellant.
Frederick K. Clark, for respondent

Many of the papers on which the original order was made, and on which the motion for reargument was founded, which are recited in the order appealed from, not appearing in the record, we must assume that they sustain the order of the special term, which is therefore affirmed, with $10 costs and disbursements.