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Dykman, J.: The order appealed from should be affirmed.
The first trial was before a court having jurisdiction, and there was a verdict had.
The disqualification of the trial judge was an irregularity which prevented the entry of judgment, but it cannot deprive the suc■cessful party of his costs.
Order affirmed, with ten dollars costs and disbursements.
Present — Gilbert, and Dykman, JJ. Order denying retaxation affirmed, with ten dollars costs and •disbursements.
Document Info
Citation Numbers: 26 N.Y. Sup. Ct. 349
Judges: Dykman, Gilbert
Filed Date: 12/15/1879
Precedential Status: Precedential
Modified Date: 11/12/2024