In re Koenig

Appellate Division of the Supreme Court of New York

In re Koenig

146 A.D. 371, 131 N.Y.S. 140, 1911 N.Y. App. Div. LEXIS 1894

Appellate Division of the Supreme Court of the State of New York·Decided September 28, 1911·Published

Opinion

Ingraham, P. J.:

This appeal was argued with the case of Matter of Hopper v. Britt (146 App. Div. 363) and presents the same question pre[372]*372sented on that appeal. For the reasons stated in the opinion in that case the order appealed from must be reversed, with 1 ten dollars costs and disbursements, and the application denied, with fifty dollars costs.

McLaughlin, Miller and Dowling, JJ., concurred; Clarke, J., dissented.

Order reversed, with ten dollars costs and disbursements, and motion denied, with fifty dollars costs, as matter of law and not in the exercise of discretion.

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Ingraham, P. J.:

This appeal was argued with the case of Matter of Hopper v. Britt (146 App. Div. 363) and presents the same question pre[372]*372sented on that appeal. For the reasons stated in the opinion in that case the order appealed from must be reversed, with 1 ten dollars costs and disbursements, and the application denied, with fifty dollars costs.

McLaughlin, Miller and Dowling, JJ., concurred; Clarke, J., dissented.

Order reversed, with ten dollars costs and disbursements, and motion denied, with fifty dollars costs, as matter of law and not in the exercise of discretion.

In re Koenig, 146 A.D. 371, 131 N.Y.S. 140, 1911 N.Y. App. Div. LEXIS 1894 (N.Y. Ct. App. 1911).

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Opinion

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