Wieder v. New York Elevated Railroad — 103 N.Y. 646

Majority

p. 646

Mary W. Wieder, Respondent, v. The New York Elevated Railroad Company, Appellant.

(Argued October 5, 1886;

decided October 12, 1886.)

This was a motion to dismiss appeal.

The following is the mem. of opinion :

“Motion to dismiss appeal from the judgment and order is put upon the sole ground that this court has not jurisdiction.

p. 647

The contrary is well settled. (Julia/ncl v. Bathbone, 39 JST. Y. . 369; Beecher v. Gonradt, 11 How. Pr. 181 .)

“ The motion should he denied.”

David Levy for motion.

Howard Townsend opposed.

reads mem. for denial of motion.

All concur.'

Motion denied.