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Pollard v. Hebard

71 N.Y.S. 1146 Court N.Y. App. Div. Decision date 1901-06-14 English

Contents

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p. 1146
POLLARD, Appellant, v. HEBARD, Respondent.
(Supreme Court, Appellate Division, Second Department.
June 14, 1901.)

Headnote

Action by Susan E. Pollard against Frederick Hebard.

Judgment of the municipal court reversed, and new trial ordered, costs to abide the event, on the ground that, as the defendant had not rested the case, the municipal justice could not decide the controversy on the merits, but was limited to granting the defendant’s motion for a nonsuit; there being evidence on the part of "the plaintiff sufficient to establish a prima facie case.