Majority
p. 705Electa A. Dyke, Appellant, v. National Transit Company et al., Respondents. (Argued February 27, 1899; decided March 7, 1899.)
Headnote
Motion for leave to withdraw an appeal from a judgment of the Appellate Division of the Supreme Court in the thirdDyke v. Nat. Transit Co., 22 App. Div. 360 , appeal withdrawn.
p. 706
judicial department, entered December 28, 1897, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Circuit without a jury, and granting a new trial.
The ground of the motion was substantially that it will be impossible to obtain a review of the facts by this court.
Charles II. Brown for motion.
Clarence A. Farnurn opposed.
Motion granted upon payment of costs that have accrued since bringing the appeal, and ten dollars costs of opposing this motion.
Cases cited
- Dyke v. National Transit Co. 22 App. Div. 360 p. 705