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LOREN H. CONGER, Respondent, v. DANIEL F. CALLAHAN and HURLBERT McANDREW, as Administrators with the Will Annexed, of JANE A. CALLAHAN, Deceased; DANIEL F. CALLAHAN and HURLBERT McANDREW, as Executors, etc., of TIMOTHY CALLAHAN, Deceased, Appellants, and Others, Defendants.

Order of June 8, 1933, affirmed, without costs. Order of July 26, 1933, in so far as an appeal is taken therefrom, affirmed, without costs. Order dated August 4, 1933, amending the judgment of July 31, 1933, reversed on the law and motion denied, without costs. Judgment dated September 16, 1933, modified by striking therefrom the last two paragraphs which give judgment for deficiency and direct the county clerk to docket the same, and as so modified affirmed, in so far as an appeal is taken therefrom, without costs. The court was without authority to amend the judgment in a matter of substance. ( Herpe v. Herpe, 225 N.Y. 323. ) Appeal from the judgment of July 31, 1933, dismissed; there is no such judgment in the record. Hagarty, Carswell, Johnston, Adel and Taylor, JJ., concur.

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CONGER v. CALLAHAN
(Nov 19, 1937)