Miller v. Harris — 193 N.Y. 645

Majority

p. 645

Charles H. Miller et al., as Trustees under the Will of Jane M. Miller, Deceased, Appellants, v. Fanny Harris, Respondent.

Headnote

Reported below, 125 App. Div. 922 .

(Submitted November 9, 1908;

decided November 17, 1908.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial

p. 646

department, entered in April, 1908, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term.

The motion was made upon the grounds that no question of law is involved and the only exceptions appearing in the record are frivolous.

Ezekiel Fixman for motion.

Otto C. Wierum, Jr., opposed.

Motion denied, witli ten dollars costs.