Anderson v. Fry — 191 N.Y. 517

Majority

p. 517

William B. Anderson, as Ancillary Administrator of the Estate of Mary E. Purkess, Deceased, Appellant, v. John C. Fry et al., as Executors of John C. Fry, Deceased, Respondents.

Headnote

Reported below, 133 App. Div. 46 .

(Argued February 17, 1908;

decided February 25, 1908.)

Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 27, 1907, which reversed an interlocutory judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial in an action to set aside a deed of transfer and for an accounting.

The motion was made,upon the grounds that the order of

p. 518

reversal was based upon the facts as well as the law, and the Court of-Appeals had, therefore, no jurisdiction to hear the same.

L. A. Gould for motion.

Howard Taylor opposed.

Motion denied, with ten dollars costs.