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Lyman v. Corey

51 N.Y.S. 1144 Court N.Y. App. Div. Decision date 1898-03-26 English

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p. 1144
LYMAN, Respondent, v. COREY, Appellant.
(Supreme Court, Appellate Division, Fourth Department.
March 26, 1898.)

Headnote

Action by Henry H. Lyman, as state commissioner of excise of the state of New York, against George C. Corey.

Order affirmed, with $10 costs and disbursements, without prejudice to a new motion to change the place of trial to any county. Held, that the moving affidavits are defective in that they fail to state the residence and address of the witnesses, also fail to state that the witnesses will testify to the facts alleged to he material to the defense. See Tuska v. Wood, 81 Hun, 79 , 30 N. Y. Supp. 523 ; Hayes v. Garson, 25 App. Div. 116 , 49 N. Y. Supp. 220 ; also, opinion of Green, J., in Lyman v. Gramercy Club (of this term) 50 N. Y. Supp. 1004 .