New York Court of Appeals, 1886

Smith v. . Dempsey

Smith v. . Dempsey
New York Court of Appeals · Decided March 26, 1886
102 N.Y. 655; 1886 N.Y. LEXIS 898
Smith v. . Dempsey

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

Judgment reversed and case remitted to the Special Term for the determination of the motion for a new trial, on the ground that it had no power to annex to the order reducing the recovery a condition that it should be operative only in case the reduced amount should be paid, without costs to either party upon the appeal; no opinion.

All concur.

Judgment accordingly.

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