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Robinson v. Fincken

62 N.Y. St. Rep. 516 Court N.Y.C.P. Decision date 1894-11-05 English

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p. 516
William R. Robinson, App’lt, v. H. Edward Fincken, Resp’t.
(New York Common Pleas, General Term,
Filed November 5, 1894.)

Headnote

Appeal—Cask.
The omission of the exhibits, introduced in evidence on the trial, from the return precludes any determination as to the matters litigated!

Memorandum.—It appears that the plaintiff’s exhibits Nos. 1, 2, 3 and 4, and defendant’s exhibits Nos. 1 and 2, are omitted from the return, which omission precludes any determination -as to the matters litigated at this time.

It is, therefore, directed that the appeal be reheard at the additional general term of this court to be held December 20, 1894, the return to. be amended in the particulars noted meanwhile. Krokomki v. North N. Y., etc., Asson., 54 St. Rep. 119 .