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62 N.Y. St. Rep. 516

Robinson v. Fincken

New York Court of Common Pleas

Decided November 5, 1894

New York Court of Common Pleas · decided 1894-11-05

<p>Appeal—Cask.</p> <p>The omission of the exhibits, introduced in evidence on the trial, from the return precludes any determination as to the matters litigated!</p>

Decided 1894-11-05

¶1Memorandum.—It appears that the plaintiff’s exhibits Nos. 1, 2, 3 and 4, and defendant’s exhibits Nos. 1 and 2, are omitted from the return, which omission precludes any determination -as to the matters litigated at this time.

¶2It is, therefore, directed that the appeal be reheard at the additional general term of this court to be held December 20, 1894, the return to. be amended in the particulars noted meanwhile. Krokomki v. North N. Y., etc., Asson., 54 St. Rep. 119.

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