Appellate Terms of the Supreme Court of New York, 1899

McKiernan v. Ballin

McKiernan v. Ballin
Appellate Terms of the Supreme Court of New York · Decided October 15, 1899
29 Misc. 761; 60 N.Y.S. 1142

Counsel

Benjamin Patterson, for appellants., Martin H. Murphy, for respondent.

McKiernan v. Ballin

Opinion of the Court

Per Curiam,.

After a former trial .and a determination in favor of the plaintiff, the judgment was reversed and a new trial ordered because of the exclusion, upon objections of the plaintiff, o'f evidence apparently relevant to the case of the defendants. These objections not now reappearing, upon the omission of the defendants to ask for that evidence, and nothing of merit appearing in the exceptions taken by the appellants, upon the second trial, the judgment appealed from is affirmed, with costs.

Present: Freedman, P. J.; MaoLean and Leventritt, JJ.

Judgment affirmed, with costs.

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