Stanton v. . King

76 N.Y. 585, 1879 N.Y. LEXIS 544

• Court: New York Court of Appeals
• Decided: January 21, 1879
• Status: Published

Opinion

Folger, J.,

reads for modification by inserting before the words “ striking out,” the words “ so far as,” and by striking out the word “ dismissed,” and inserting in lieu thereof this phrase, viz.: “ striclcen out;” and by striking out the words “ and from entering” mid inserting in lieu thereof, the words “so as to enter;” and by reducing the amount of costs allowed to twenty dollars, for making motion in Special Term, and for one appeal to General Term. And as modified, order affirmed, without costs to either party against the other in this court.

. All concur, except Rapallo, who is for reversal of order so far as it stays proceedings in this action, and Andreavs, J., absent at argument.

Ordered accordingly.