Gueutal v. Gueutal — 189 N.Y. 541

Majority

p. 541

George Gueutal et al., Appellants, v. Adele Gueutal et al., Respondents, Impleaded with Others.

Headnote

Gueutal v. Gueutal, 116 App. Div. 918 , appeal withdrawn.

(Argued September 30, 1907;

decided October 8, 1907.)

Motion for leave to withdraw an appeal from a judgment of the Appellate Division of the Supreme Court in the"first judicial department, entered December 4,1906, which affirmed a judgment of Special Term sustaining a demurrer to and directing a dismissal of the complaint.

The motion was made upon the ground that the questions involved were the same as those involved in the case of Jacoby v. Jacoby (188 N. T. 124), decided after the appeal was taken.

I. Newton Williams for motion.

Hamilton R. Squier opposed.

Motion granted, so far as to permit plaintiffs to withdraw appeal on payment within twenty days of all costs that have accrued on appeal; on failure to comply with the terms of this order the appeal is dismissed, with costs and ten dollars costs of motion.