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Compton v. Hollinghead

50 N.Y. Super. Ct. 531 18 Jones & S. 531 Court N.Y. Super. Ct. Decision date 1884-04-07 English

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Majority

p. 531
Mansfield Compton, appellant, Henrietta Hollinghead, et al., respondents.
Decided April 7, 1884.

Headnote

Appeal by plaintiff from orders denying his motion to set aside certain order and a judgment and for a new trial.
Mansfield Compton, in pro. per., appellant;
James W.
p. 532
Monk, for respondents.
Before Sedgwick, Ch. J., O’Gorman and Ingraham, JJ.

Opinion Per Curiam. The court writing in conclusion : “ This case is left in such a state, that neither side can effectively proceed to the merits. The best course will be to set all proceedings, after service of demurrer, aside, and to order a new trial without costs to either side.”