Dennison v. Lawrence — 162 N.Y. 649

Majority

p. 649

James A. Dennison, Respondent, v. James B. Lawrence, Appellant.

Headnote

Dennison v. Lawrence, 44 App. Div. 287 , appeal dismissed.

(Argued April 16, 1900;

decided April 20, 1900.)

Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 10, 1899, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury, and granting a new trial.

The order appealed from has since been resettled by an order of the Appellate Division, which directed the insertion of the words “ upon the law and the facts.”

The motion was made upon the grounds that the reversal was upon the facts; that no question of law is presented for

p. 650

review, and that this court has no jurisdiction to entertain the appeal.

Charles F. Bridge and Frank M. Hardenbrook for motion.

Joseph F. Russell, Jr., and Luke A. Lockwood opposed.

Motion granted, with costs to appellant up to the date of the amendment of the order appealed from.