General
Ann M. Smith et al., Respondents, v. Nelson Terry, Appellant
166 N.Y. 632·New York Court of Appeals·1901·NY
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Opinion
Ann M. Smith et al., Respondents, v. Nelson Terry, Appellant.
Smith v. Terry, 38 App. Div. 394, affirmed.
(Argued April 2, 1901;
decided April 23, 1901.)
Appeal from an order of the Appellate Division of the Supreme Court .in the second judicial department, made March 7, 1899, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term, and granting a new trial.
Horace Secor, Jr., for appellant.
A. N. Weller and George Wallace for respondents.
[MAJORITY]
Order affirmed and judgment absolute ordered for plaintiffs on the stipulation, with costs, oii opinion below.
Concur: Parker, Ch. J., Gray, O’Brien, Haight, Landon and Werner, JJ. Not sitting: Cullen, J.