Shackleford v. McIntyre

Headnote

Shackleford v. McIntyre, 95 App. Div. 682 , appeal dismissed.

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 15, 1904, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial.

The motion was made upon the grounds :

First. That the court has no jurisdiction to review said judgment and order of the Appellate Division upon said appeal for the reason that said judgment and order sought to he reviewed are a judgment and order of affirmance rendered after September 1, 1900, in an action to recover compensation for services, including expenses incidental thereto, and that the decision of the Appellate Division of the Supreme Court sought to be reviewed was unanimous and that no certificate of such Appellate Division was granted allowing said review, nor was such appeal allowed by a judge of the Court of Appeals.

Second. On the further ground that no question of law is involved in said appeal; that the verdict on which the judgment of the Appellate Division was entered was not directed by the court, and that there was evidence supporting the same, and that the Appellate Division so decided by unanimous decision, and that the only two exceptions appearing on the

record in this case are frivolous, and that the only effect of said appeal is to cause delay.