Appellate Division of the Supreme Court of New York, 1907

Charles Amusement Co. v. Eckensperger

Charles Amusement Co. v. Eckensperger
Appellate Division of the Supreme Court of New York · Decided October 15, 1907
121 A.D. 930; 106 N.Y.S. 1120
Charles Amusement Co. v. Eckensperger

Opinion of the Court

Order affirmed,, with ten dollars costs and disbursements. .Held, that it appearing by statements of counsel made in open court that the plaintiff has ceased to carry oh the business which the sheriff was restrained from interfering with, and' that the parties have entered upon the trial, of the issues and that the action may be determined upon the merits before thé commencement of the next season, the- questions of law involved should not be determined upon this motion, hut on an appeal from the judgment. AH concurred.

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