Memphis Trotting Ass'n v. Smathers

Appellate Division of the Supreme Court of New York

Memphis Trotting Ass'n v. Smathers

114 A.D. 376, 99 N.Y.S. 1057, 1906 N.Y. App. Div. LEXIS 2108

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 12, 1906

StatusPublished

This text of 114 A.D. 376 (Memphis Trotting Ass'n v. Smathers) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Memphis Trotting Ass'n v. Smathers, 114 A.D. 376, 99 N.Y.S. 1057, 1906 N.Y. App. Div. LEXIS 2108 (N.Y. Ct. App. 1906).

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Opinion

Per Curiam :

It would appear that the original affidavit has been destroyed, and solely because of the insufficiency of the papers in showing that a copy is still in existence, and the fact that no motion was made for the inspection of such copy, we think that the proper disposition will be to affirm the order, with ten dollars costs and disbursements, but with -leave to move for the inspection of the copy if so advised. • .

Present — O’Brien, P. J., McLaughlin, Laughlin, Clarke and Houghton, JJ.

Order affirmed, with ten dollars costs and disbursements, with leave to move for inspection of copy affidavit, if so advised. Settle order on notice.

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Per Curiam :

It would appear that the original affidavit has been destroyed, and solely because of the insufficiency of the papers in showing that a copy is still in existence, and the fact that no motion was made for the inspection of such copy, we think that the proper disposition will be to affirm the order, with ten dollars costs and disbursements, but with -leave to move for the inspection of the copy if so advised. • .

Present — O’Brien, P. J., McLaughlin, Laughlin, Clarke and Houghton, JJ.

Order affirmed, with ten dollars costs and disbursements, with leave to move for inspection of copy affidavit, if so advised. Settle order on notice.

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Bluebook (online)

114 A.D. 376, 99 N.Y.S. 1057, 1906 N.Y. App. Div. LEXIS 2108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/memphis-trotting-assn-v-smathers-nyappdiv-1906.