Johnston v. Dahlgren — 162 N.Y. 647

Majority

p. 647

James R. Johnston et al., Respondents, v. Elizabeth Drexel Dahlgren, Executrix of John Vinton Dahlgren, Deceased, Appellant.

Headnote

Reported below, 48 App. Div. 537 .

(Argued April 16, 1900;

decided April 20, 1900.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial depart-.

p. 648

tnent, entered upon an order made March 7, 1900, affirming a judgment in favor of plaintiffs entered upon the. report of a referee.

The motion was made upon the grounds, that this court has no jurisdiction of the appeal, the decision of the Appellate Division having been unanimous; that the said Appellate Division has not certified that in its opinion a question of law is involved which ought to be reviewed by the Court of Appeals, and that the questions of law raised by the appellant are frivolous.

George C. Levy for motion.

Abram I. Elkus and David T. Davies opposed.

Motion denied, with ten dollars costs.