Argued October 12, 1880
Decided November 9, 1880
A.R. Dyett for appellant.
George W. Lord for respondent.
Agree to affirm order and for judgment absolute against plaintiff on stipulation on opinion of DALY, Ch. J., below.
All concur.
Order affirmed and judgment accordingly.
Full title:EMILIE NASON, Appellant, v . BENJAMIN L. LUDINGTON, Respondent
Court:Court of Appeals of the State of New York
Date published: Nov 9, 1880
Upon this question the courts below appear to be in some conflict. In the case of Nason v. Ludington (56 How.…
Collinson v. WierThe Revised Statutes (2 R.S. 384, § 44), provided that "before proceeding to hear any testimony in the cause…