Murphy v. Murphy

Full title: MARION G. MURPHY, Appellant, v. JOHN G. MURPHY, Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 1, 1928

223 App. Div. 701 (N.Y. App. Div. 1928)

Opinion

February, 1928.

Appeal from Supreme Court, Bronx county.

PER CURIAM.

The dismissal being upon the merits and not a nonsuit, a decision was essential. ( McKenna v. Meehan, 220 App. Div. 690; Civ. Prac. Act, §§ 440, 441.)^_ The case is, therefore, remitted to the court at Special Term for the making of a decision, which may be submitted to this court as a supplement to the present record.

_ See Laws of 1921, chap. 372, amdg. said § 441. — [REP.

Present — Dowling, P.J., Merrell, Martin, O'Malley and Proskauer, JJ. Case remitted to the court at Special Term for a proper decision, which may be submitted to this court as a supplement to the present record.