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McKiernan v. Ballin

60 N.Y.S. 1142 Court N.Y. App. Term Decision date 1899-10-25 English

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p. 1142
McKIERNAN, Respondent, v. BALLIN et al., Appellants.
(Supreme Court, Appellate Term.
p. 1143
October 25, 1899.)

Headnote

Action by John B. McKiernan against Malinda Ballin and others. There was judgment for plaintiff, and defendants appealed, when the case was reversed ( 56 N. Y. Supp. 949 ); and on retrial plaintiff recovered again, and defendants appeal.
Affirmed.
Benjamin Patterson, for appellants.
Martin H. Murphy, for respondent.

After a former trial and a determination in favor of the plaintiff, the judgment was reversed, and a new trial ordered, because of the exclusion, upon objections of the plaintiff, of evidence apparently relevant to the case of the defendants. These objections not now reappearing, upon the omission of the defendants to ask for that evidence, and nothing of merit appearing in the exceptions taken by the appellants upon the second trial, the judgment appealed from is affirmed, with costs.