Stevens v. Rouse — 160 N.Y. 664

Majority

p. 664

Charles E. Stevens et al., as Executors of Nathan F. Graves, Deceased, Respondents, v. Charles A. Rouse et al., Appellants.

(Argued October 3, 1899;

decided October 10, 1899.)

Headnote

Reported below, 85 App. Div. 633 .

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 16,1898, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term.

p. 665

The motion was made upon the ground that the exceptions are frivolous; that a question of fact only is involved, and that the decision of the Appellate Division was unanimous.

Augustus O. Stevens for motion.

Phillips, Hitchcock & McLennan opposed.

Motion denied, with ten dollars costs.