General
Adelaide S. Smith, Respondent, v. Patrick Dempsey et al., Appellants
102 N.Y. 655·New York Court of Appeals·1886·NY
All concur.
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Opinion
Adelaide S. Smith, Respondent, v. Patrick Dempsey et al., Appellants.
(Argued March 15, 1886;
decided March 26, 1886.)
Isaac Lawson and Frcmklin A. Paddock for appellants.
Nathaniel G. Moak for respondent.
[MAJORITY]
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.