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JOSEPH H. SULZBACHER, Respondent, v. J. CAWTHRA Co., LIMITED, Appellant.

Per Curiam.

Defendant's motion to reduce the amount for which the attachment was granted is not inconsistent with its appeal from the order denying the motion to vacate the attachment. Both motions were availed of by the defendant as of right. Hence, this motion for dismissal of the appeal should be denied, with ten dollars costs.

Present: DALY, Ch. J., BISCHOFF and PRYOR, JJ.

Motion denied, with ten dollars costs.

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SULZBACHER v. CAWTHRA
(Dec 1, 1895)