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Marsh v. Benson

Court of Appeals of the State of New York
Jan 1, 1866
34 N.Y. 358 (N.Y. 1866)

Opinion

January Term, 1866

M. Goodrich, for the appellants.

I.O. Aikin, for the respondents.


The question involved in this appeal has been decided in this court in Braman v. Johnson (decided in October, 1863), in favor of the appellant. The respondent insists, however, that the court should not grant costs to the appellant of the appeal. I think the judgment should be reversed, and the cause remitted to the Supreme Court to proceed thereon, with costs of the appeal to this court to abide the event of the cause. The judgment is reversed upon those terms.

Judgment reversed.


Summaries of

Marsh v. Benson

Court of Appeals of the State of New York
Jan 1, 1866
34 N.Y. 358 (N.Y. 1866)
Case details for

Marsh v. Benson

Case Details

Full title:DANIEL B. MARSH et al., Appellants, v . PHILOMELA R. BENSON et al.…

Court:Court of Appeals of the State of New York

Date published: Jan 1, 1866

Citations

34 N.Y. 358 (N.Y. 1866)