New York Court of Appeals October 4, 1881 (Walker v. . Spencer)

Rapallo, J.

The court.at Special Term having rendered an interlocutory judgment in this action directing an accounting and giving certain instructions as to some of the items of the account, the defendant Spencer moved at General Term for a new trial on exceptions under section 1001 of the Code of Civil

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Procedure, which corresponds to section 268 of the former Code of Procedure.