Majority
p. 550Joseph O’Connor, an Infant, by Catherine O’Connor, His Guardian ad Litem, Respondent, v. Jacob Morch, Appellant. (Submitted October 2, 1905; decided October 10, 1905.)
Headnote
O'Connor v. Morch, 106 App. Div. 611 , 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, 1905, 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 ground that the Court of Appeals had no jurisdiction to review the judgment and order appealed from, said judgment unanimously affirming a judgment of damages for a personal injury and no permission to appeal therefrom having been granted.
p. 551
John P. Donnelly and K. C. McDonald for motion.
Thomas C. Whitlock opposed.
Motion granted and appeal dismissed, with costs and ten dollars costs of motion.