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3 Keyes 373

Smith v. Martin

New York Court of Appeals

Decided March 15, 1867

New York Court of Appeals · decided 1867-03-15

Relies on Kelly v. . McCormick

Judgment affirmed of course · Decided 1867-03-15

Parker, J.

¶1The appellants in this case, when it was reached in its order on the calendar, failed to appear and furnish papers on which it could be heard. The respondent appeared and submitted the case on her part, upon her printed brief, in accordance with the twenty-fifth rule of the court. The appellants have also failed since to submit points pursuant to the said rule.

¶2The judgment must, therefore, be affirmed, of course. (Kelly v. McCormick, 28 N. Y. 323.)

¶3All the judges concurring,

¶4Judgment affirmed.

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