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Desbecker v. Warth

60 N.Y.S. 1135 Court N.Y. App. Div. Decision date 1899-10-13 English

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p. 1135
DESBECKER et al., Respondents, v. WARTH, et al., Appellants.
(Supreme Court, Appellate Division, Fourth Department.
October 13, 1899.)

Headnote

Action by Benjamin Desbecker and others against Appolonia Warth, individually and as executrix, etc., and others.

Order affirmed, with $10 costs and disbursements, on condition that the plaintiffs’ attorney stipulate in writing that the testimony of defendants’ witnesses may be taken before a referee in Richmond county, after the close of plaintiffs’ case, in accordance with the stipulation given in open court on the argument of the appeal herein. Order to be settled by Mr. Justice SMITH on two days’ notice.