Majority
p. 544Lawrence Sheary et al., Respondents, v. John O’Brien et al., Appellants. (Submitted February 5, 1906; decided February 27, 1 906.)
Headnote
Sheary v. O’Brien, 75 App. Div. 121 , affirmed.Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 8, 1902, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial.
John W. Browne for appellants.
U. D. Bailey for respondents.
Order affirmed and judgment absolute ordered against defendants, on the stipulation with costs in all courts, on opinion below.
Concur: Cullen, Ch. J., Edwabd T. Babtlett, Haight, Vann and Willabd Babtlett, JJ. Not sitting: G-bay and Chase, JJ.
Cases cited
- Sheary v. O'Brien 75 App. Div. 121 p. 544