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Hilton, J., dissenting. I do not perceive the necessity of departing from the principle stated in Smith agt. Dann, a decision which has never been questioned before in any reported case.
I, therefore, adhere to the views stated in my opinion at special term, and think the judgment should be affirmed.
Document Info
Judges: Brady, Hilton
Filed Date: 12/15/1863
Precedential Status: Precedential
Modified Date: 11/8/2024