Appellate Terms of the Supreme Court of New York, 1913

Fickett v. Marquette

Appellate Terms of the Supreme Court of New York · Decided October 23, 1913 · Bijur

143 N.Y.S. 752 (New York Supplement)

Counsel

Abraham Kutz, of New York City, for appellant., Warren McConihe, of New York City, for respondent.

Opinion of the Court

BIJUR, J.

This appeal involves precisely the same considerations as order No. 25 (James v. Same, 143 N. Y. Supp. 750), except that the plaintiff is still alive, and is alleged by McConihe, the applicant, to reside in New Jersey and to be insolvent. The determination is therefore the same.

Order reversed, with $10 costs and disbursements, default of defendant opened, on payment of $10 costs, and an order of reference of the issues referred to in the opinion in James v. This Defendant directed to be entered in the court below. All concur.

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