¶1Order affirmed, with ten dollars costs and disbursements, on the ground that the court properly exercised its discretion. All concurred, except Spring arid Williams, JJ., who dissented upon the ground that the motion was granted on the sole ground that the plaintiff was a non-resident of the State, and not as matter of discretion.
137 A.D. 929
Wheeler v. Carr
Appellate Division of the Supreme Court of the State of New York
Decided March 15, 1910
Appellate Division of the Supreme Court of the State of New York · decided 1910-03-15
Decided 1910-03-15