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MARKEL v. GUMMER
Appellate Division of the Supreme Court of New York, Fourth Department.
May 1, 1903
Judgment and order of County Court affirmed, with costs. Held, that section 3063 of the Code of Civil Procedure, as amended by chapter 553 of the Laws of 1900, so far as it provides for the granting of a new trial, is only applicable where the judgment appealed from is contrary to or against the weight of evidence. All concurred.
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