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

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.