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Corning v. Babcock

95 N.Y.S. 1123 Court N.Y. App. Div. Decision date 1905-10-18 English

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p. 1123
CORNING, Appellant, v. BABCOCK et al., Respondents.
(Supreme Court, Appellate Division, Fourth Department.
October 18, 1905.)

Headnote

Action by John S. Corning against Harriet S. Babcock and another.

Motion to dismiss appeal denied. Held, that as this motion is based solely upon the failure of the appellant to serve a case, and not upon the failure to comply with rule 41, the motion cannot be granted. The respondents should have applied to the Special Term for an order declaring the case and exceptions abandoned.