Hoefler v. Hoefler — 154 N.Y. 760

Majority

p. 760

Mary E. Hoefler, Respondent, v. Mary R. Hoefler, Appellant.

(Argued November 22, 1897;

decided November 30, 1897.)

Headnote

Reported below, 21 App. Div. 633 .

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial dej>art

p. 761

ment, entered October 25,1897, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial.

The motion was made upon the grounds that the Court of Appeals has no jurisdiction; that the Appellate Division has not allowed the appeal, and that the notice of appeal contains no stipulation for judgment absolute in case of affirmance.

William E. Edmonds for motion.

Raines Bros, opposed.

Motion denied, with fen dollars costs.