Gaynor v. New York Breweries Company, Limited

Full title: MARY GAYNOR, as Administratrix, etc., of THOMAS FLEMING, Deceased…

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

Date published: Dec 1, 1912

154 App. Div. 881 (N.Y. App. Div. 1912)

Opinion

December, 1912.

Present — Ingraham, P.J., Laughlin, Clarke, Scott and Miller, JJ.

PER CURIAM:

The point raised on this appeal does not appear to have been called to the attention of the court at Special Term. The subpœna which the defendant moved to vacate was not issued by and under the hand of the judge as required by section 854 of the Code of Civil Procedure, and was, therefore, a nullity. ( Lowther v. Lowther, 115 App. Div. 307.) The order should be reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs.

PER CURIAM:

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.