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Lemien v. Lemien

45 N.Y.S. 1143 Court N.Y. App. Div. Decision date 1897-05-21 English

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p. 1143
LEMIEN v. LEMIEN.
(Supreme Court, Appellate Division, First Department.
May 21, 1897.)

Headnote

Action by Louisa Lemien against Fredericka Lemien. Motion for restitution.
D. McMahon, for the motion.
Mr. Foster, opposed.

We do not see how we can order a restitution of the premises in question, as possession does not seem to have been obtained by virtue of any judgment entered in this action. The payment of the costs was not voluntary, and such costs are the proper subject of restitution. The motion should he granted as to the costs, with $10 costs of motion.