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Broderick v. Archibald

67 N.Y.S. 1129 Court N.Y. App. Div. Decision date 1900-12-07 English

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p. 1129
BRODERICK v. ARCHIBALD et al.
(Supreme Court, Appellate Division, Second Department.
December 7, 1900.)

Headnote

Action by Matthew A. Broderick against Merritt L. Archibald (Camille E. Archibald, third party). Separate appeals by defendant and by said third party.

Jurisdiction to entertain these appeals is conferred by the charter of the city of Yonkers. The action of the city judge in prohibiting the judgment debtor from hearing the testimony of the third person was erroneous. The order appealed from is therefore reversed, with $10 costs and disbursements, and the case remitted to the city judge to proceed with the examination under the original orders, with the injunction continued.