Pohalshi v. Ertheiler

New York Supreme Court

Pohalshi v. Ertheiler

71 N.Y. St. Rep. 870

New York Supreme Court·Decided January 28, 1896·Published

Opinion

McCARTHY, J.

We have examined this case very carefully. There seems to have been some misunderstanding as to whether or not the plaintiff waives the introduction of evidence of the affidavit and warrant of attachment under [871]*871Which the levy was made and under which the defendants justified. In order that justice may be done, and that an application may be made to the next general term to correct the same, we think it fair and proper to direct a reargument, when the whole case can be presented and argued. So ordered.

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McCARTHY, J.

We have examined this case very carefully. There seems to have been some misunderstanding as to whether or not the plaintiff waives the introduction of evidence of the affidavit and warrant of attachment under [871]*871Which the levy was made and under which the defendants justified. In order that justice may be done, and that an application may be made to the next general term to correct the same, we think it fair and proper to direct a reargument, when the whole case can be presented and argued. So ordered.

Pohalshi v. Ertheiler, 71 N.Y. St. Rep. 870 (N.Y. Super. Ct. 1896).

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