Judgment reversed, on the law, and new trial granted as to all parties, with costs to abide the event.
The appeal presented no questions of fact. The trial court committed reversible error when it held that plaintiff was bound by defendant's denial, during an examination before trial, of personal service, because that denial was read into the record by plaintiff's attorney. Plaintiff should have been accorded the opportunity to refute defendant's denial and to have...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
