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O'Brien v. Thomas

92 N.Y.S. 1136 Court N.Y. App. Div. Decision date 1905-03-10 English

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p. 1136
O’BRIEN et al., Respondents, v. THOMAS et al., Appellants.
(Supreme Court, Appellate Division. First Department.
March 10, 1905.)

Headnote

Appeal from Special Term. -Action by John O’Brien and another against Edward R. Thomas and others. From an order granting plaintiff’s motion to withdraw a juror, defendants appeal. Blodified. R. A. Irving, for appellants. J. W. Browne, for respondents.

The order should be modified, by requiring the plaintiffs to pay $10 costs of motion, the term fee, and the. trial fee and disbursements of the term as a condition of granting the motion. As so modified, the order should be affirmed, without costs.