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Phillips v. Yarter

Appellate Division of the Supreme Court of New York, Third Department
Jan 1, 1916
172 App. Div. 912 (N.Y. App. Div. 1916)

Opinion

January, 1916.


Without entering into an elaborate analysis of the evidence in this case, it may be stated that the plaintiff himself obviously gave false testimony on a material issue involved. This is not even denied and is not satisfactorily explained. Under the circumstances disclosed a judgment so obtained cannot be permitted to stand without a reflection upon the administration of justice by the courts. The order denying motion for a new trial should be reversed, with ten dollars costs and disbursements to the appellant to abide the event, and motion granted, without costs. All concurred; Cochrane, J., not sitting. Order denying motion for new trial reversed, with ten dollars costs and disbursements to the appellant to abide event, and motion granted, without costs.


Summaries of

Phillips v. Yarter

Appellate Division of the Supreme Court of New York, Third Department
Jan 1, 1916
172 App. Div. 912 (N.Y. App. Div. 1916)
Case details for

Phillips v. Yarter

Case Details

Full title:NAPOLEON PHILLIPS, Respondent, v . NAPOLEON YARTER, Appellant

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 1, 1916

Citations

172 App. Div. 912 (N.Y. App. Div. 1916)