Smith v. Crocker — 158 N.Y. 665

Majority

p. 665

Frederick H. Smith, Jr., Respondent, v. Henry J. Crocker et al., Appellants.

(Argued January 9, 1899;

decided January 24, 1899.)

Headnote

Reported below, 14 App. Div. 245 .

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 18, 1897, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial.

The motion was made upon the grounds that the judgment is not appealable; that the court has no jurisdiction to review it, and that the exceptions are frivolous.

p. 666

James A. Dennison for motion.

Charles K. Beekman opposed.

Motion denied, with ten dollars costs.