¶1 Motion denied, with costs. If, however, the respondent shall pay to the appellant the costs in this court' before notice *667 of argument within ten days after adjustment and notice thereof, then the motion is granted, without costs. It is further ordered that, if the respondent shall not pay the costs as herein provided, then the order of September 5, 1899, amending "the judgment herein, shall be disregarded and the judgment as originally entered and set forth in the return to this court filed August 19, 1899, shall stand as unamended and be regarded as the only judgment before this court for review.
14 E.H. Smith 666
55 N.E 1101
Watson v. . Kemp
Decided October 10, 1899
New York Court of Appeals · decided 1899-10-10
Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 11, 1899, affirming a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. The motion was made upon the ground that the decision of the Appellate Division was unanimous.
Cited by 1 later decisions — most recently April 1905
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1899-10-10
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