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62 Misc. 461

Murphy v. Joline

Appellate Terms of the Supreme Court of New York · decided 1909-03-15

Appeal by the plaintiff from an order of the Municipal Court of the city of New York, sixth district, borough of Manhattan, rendered in favor of the defendants.

Cited by 1 later decisions — most recently March 1949

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1909-03-15

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Per Curiam.

¶1The learned trial justice, having had before him all the witnesses, was of opinion and decided, after opportunity for full consideration of the evidence and the law, that the verdict for the plaintiff was contrary to the weight of evidence and to the law, announcing his decision October 13, 1908. Thereon he signed, December 19, 1908, an order presented by the defendants from which, however, was omitted setting down the case for trial at a time specified, *462as required by section 254 of the Municipal Court Act, and so was unauthorized. 25 Misc. Rep. 338; 32 id. 694. This is the order appealed from. It must be reversed.

¶2Present: Gildersleeve, MacLean and Dayton, JJ.

¶3Order reversed, with costs.

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