Faxon v. Mason — 146 N.Y. 401

Majority

p. 401

Edith Mason Faxon, Respondent, v. John Mason et al., Appellants.

(Argued June 3, 1895;

decided June 14, 1895.)

Headnote

Motion to dismiss appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 28, 1894, which modified and affirmed, as modified, a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.

W. B. Hornblower for motion.

Franklin Bien opposed.

Agree to dismiss appeal, without costs, unless defendant John Mason shall cause to be executed the proper undertaking on appeal to this court within ten days from service of a copy of this order upon his attorney of record.

All concur.

Ordered accordingly.