Whitney v. New York Evening Journal Publishing Co.

91 N.Y.S. 1118

Opinion

PER CURIAM.,

Motions denied, without costs. This court having affirmed the order granting a preference, the constitutional question sought to be argued is not necessarily involved, inasmuch as both the order in the court below and the order of affirmance here may have been made in the exercise of judicial discretion.

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Whitney v. New York Evening Journal Publishing Co., 91 N.Y.S. 1118 (N.Y. Ct. App. 1904).

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