Lennon v. Smith — 156 N.Y. 679

Majority

p. 679

Michael Lennon, Respondent, v. Mary F. C. Smith, Impleaded, etc., Appellant.

Headnote

Reported below, 33 App. Div. 393 .

(Argued June 6, 1898;

decided June 14, 1898.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 21, 1898, affirming a judgment in favor of plaintiff entered upon the report of a referee.

p. 680

The motion was made upon the grounds that the Court of Appeals has no jurisdiction; that the affirmance by the Appellate Division was rinanimous, and that the exceptions are frivolous.

Alex Thain for motion.

Frank F. Smith opposed.

Motion denied, with ten dollars costs.