Leonard v. City of Hornellsville — 166 N.Y. 590

Majority

p. 590

Wesley D. Leonard, Appellant, v. City of Hornellsville et al., Respondents.

Headnote

Leonard v. City of Hornellsville, 41 App. Div. 106 , appeal dismissed.

(Argued February 25, 1901;

decided February 26, 1901.)

Motion to dismiss an appeal from a judgment entered July 10, 1899, upon an order of the Appellate Division in the

p. 591

fourth judicial department overruling plaintiff’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for the defendants.

The motion was made upon the grounds that appellant had failed to serve the undertaking required by sections 1326 and 1327 of the Code of Civil Procedure; that the determination of the Appellate Division was unanimous, and that the appeal had not been allowed by the Appellate Division or by a judge of the Court of Appeals, and was not one authorized by sections 190 and 191 of the Code of Civil Procedure.

James H. Stevens for motion.

No one opposed.

Motion granted and appeal dismissed, with costs.

Cases cited

Leonard v. City of Hornellsville 41 App. Div. 106 N.Y. App. Div. 1899-06-06 p. 590