New York Supreme Court, 1888

Lansing v. Stevens

New York Supreme Court · Decided November 20, 1888 · Ingalls

3 N.Y.S. 79; 20 N.Y. St. Rep. 320; 50 Hun 605; 1888 N.Y. Misc. LEXIS 476 (New York Supplement)

Counsel

George U. Steoens, for appellant. Eugene Burlingame, for respondent. -

Opinion of the Court

Ingalls, J.

The precise question which is presented upon this appeal has-been decided by the general term of the Second district, (Oulman v. Schmidt, 35 Hun, 345.) The decision was placed upon that ground, although there-was another fatal defect in the proceedings in that case, which was considered, as appears by the opinion. * That case was cited as authority in Thames-v. Jones, 4*7 Hun, 81. We think the case of Oulman v. Schmidt, supra, should be followed by this court. The judgment of the county court, and of', ■the city court of Albany, should be reversed, with costs.

Learned, P. J., and Landon, J., concur.

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