Albert Palmer Co. v. Van Orden

I still adhere to the views expressed by me in McCabe agt. Fogg. In reading the cases cited to the contrary it must be constantly borne in mind that the amendment of section 66, which is relied on by the plaintiff’s attorney, was made in 1879, and not before. The motion must therefore be denied, with ten dollars costs; but as the question is one which should be settled in this court the defendant, in case of appeal to the general term, may have a stay.