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Jenkins v. Humboldt Library

66 N.Y.S. 1134 Court General Term. Decision date 1900-10-29 English

Delivered by HASOALL, J.

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p. 1134
JENKINS, Respondent, v. HUMBOLDT LIBRARY, Appellant.
(City Court of New York,
General Term.
October 29, 1900.)

Headnote

Action by Henry C. Jenkins against the Humboldt Library. From an order vacating a stay, defendant appeals.
Reversed.
Max D. Steuer, for appellant. Frayer, Smith, White & Seaman, for respondent.

Under the authorities (Peet v. Cowenhoven, 14 Abb. Prac. 56 ; Wait, Prac. 606), this order will be reversed, without costs. We write at this term, under the same title, on appeal from another order herein ( 66 N. Y. Supp. 1133 ) directly involving the status of the parties after judgment, and adjust the same for a trial upon the merits, deeming such a course the most expeditious in the administration of justice between these litigants. Order reversed, without costs.

CONLAN, J., concurs.