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Smith v. Firth

78 N.Y.S. 1137 Court N.Y. App. Div. Decision date 1902-10-10 English

Contents

Majority

p. 1137
SMITH et al., Appellants, v. FIRTH et al., Respondents.
(Supreme Court, Appellate Division, Second Department.
October 10, 1902.)

Headnote

Action by Samuel Smith and others against Christopher C. Firth and others.

Order of affirmance modified, by striking out the word “unanimously,” before the word “decided,” and inserting, after the word “decided,” the words, “Mr. Justice Bartlett sitting, but not voting.” The other portion of the motion, relative to an appeal to the court of appeals, is not passed upon, as the court understands that it has been withdrawn.