Murphy v. Murphy

Appellate Division of the Supreme Court of New York

Murphy v. Murphy

223 A.D. 701

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

DecidedFebruary 15, 1928

StatusPublished

Cited by1 cases

This text of 223 A.D. 701 (Murphy v. Murphy) 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

Murphy v. Murphy, 223 A.D. 701 (N.Y. Ct. App. 1928).

Pincite

Opinion

Per Curiam.

The dismissal being upon the merits and not a nonsuit, a decision was essential. (McKenna v. Meehan, 220 App. Div. 690; Civ. Prac. Act, §§ 440, 441.) The ease is, therefore, remitted to the court at Special Term for the making of a decision, which may be submitted to this court as a supplement to the present record. Present — Dowling, P. J., Merrell, Martin, O’Malley and Proskauer, JJ. Case remitted to the court at Special Term for a proper decision, which may be. submitted to this court as a supplement to the present record.

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Per Curiam.

The dismissal being upon the merits and not a nonsuit, a decision was essential. (McKenna v. Meehan, 220 App. Div. 690; Civ. Prac. Act, §§ 440, 441.) The ease is, therefore, remitted to the court at Special Term for the making of a decision, which may be submitted to this court as a supplement to the present record. Present — Dowling, P. J., Merrell, Martin, O’Malley and Proskauer, JJ. Case remitted to the court at Special Term for a proper decision, which may be. submitted to this court as a supplement to the present record.

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Bluebook (online)

223 A.D. 701, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murphy-v-murphy-nyappdiv-1928.

Opinion

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