Kerr v. Smith

Full title: EMILIE W. KERR, as Executrix under the Last Will and Testament of ELIZA M…

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

Date published: May 29, 1913

156 App. Div. 808 (N.Y. App. Div. 1913)

142 N.Y.S. 58

Opinion

May 29, 1913.

James R. Sloane, for the appellant.

Edward D. Bryde, for the respondent.

Present — INGRAHAM, P.J., CLARKE, SCOTT, DOWLING and HOTCHKISS, JJ.

PER CURIAM:

Appeal from an order denying defendant's motion to vacate an attachment.

For the reasons given for the reversal of the order denying defendant's motion to dismiss the attachment on further papers ( Kerr v. Smith, No. 1, 156 App. Div. 807), the order on this appeal should be reversed, with ten dollars costs and disbursements.

PER CURIAM:

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