Statts v. Garrett — 71 N.Y.S. 1148

Majority

p. 1148

STATTS, Appellant, v. GARRETT, Respondent.

(Supreme Court, Appellate Division, Third Department.

June 28, 1901.)

Headnote

Action by John Statts against Thomas Garrett. Judgment for defendant on report of referee, and plaintiff appeals. Affirmed. Jacob H. Chite, for appellant Marcus T. Hun, for respondent.

Without deciding the question of the admissibility of the testimony of the surveyors, which was stricken out by the referee, and assuming such testimony to be in the case, we are of opinion that the facts are not essentially different from what they were on

p. 1149

the former appeal (Staats v. Garrett, 23 N. Y. Wkly. Dig. 529), and that, within the doetnne there laid down, the judgment should be affirmed. Judgment unanimously affirmed, with costs.