Ledbetter v. Mandell
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Walter A. Ledbetter, as receiver, etc., from a judgment of the.Supreme Court in favor of the defendant, entered in the office of the clerk of the county of blew York on the 5tli day of April, 1910, upon the .verdict of a jury rendered by direction of the court, and also from ah order entered in said clerk’s-office on the 4th day of April, 1910, granting the defendant an additional allowance. ■ . .
1DissentIngraham, P. J.
' Upon the former appeal from the judgment in favor of the defendant the nature of this action and the legal proceedings applied were examined and determined (124 App. Div. 854). I do not think that the record is substantially different from that presented upon the former appeal,.and if that appeal was correctly decided, it seems *562t-o me that the plaintiff was entitled to recover. The pleading presented to the United States Court of the Indian Territory, upon which the judgment now sought to be enforced' was entered, has been treated as a cross-bill in equity, asking for new and affirmative…
2Cases cited1 opinion
- Ledbetter v. MandellAppellate Division of the Supreme Court of the State of New York · 1908