Tuscarora Land & Improvement Co. v. Millar — 202 N.Y. 537

Majority

p. 537

The Tuscarora Land and Improvement Company Respondent, v. John C. Millar, Individually and as Executor of Polly J. Mentz, Deceased, et al., Appellants.

Headnote

Reported below, 143 App. Div. 955 .

(Argued April 24, 1911;

decided May 2, 1911.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 14,1911, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at an Equity Term in an action to enjoin the defendant from impeding and diverting the waters of a certain creek.

The motion was made upon the ground that the findings of fact had been unanimously affirmed by the Appel

p. 538

late Division; that the exceptions were frivolous, and that no question was presented that could be reviewed by the Court of Appeals.

Martin Clark for motion.

August Becker opposed.

Motion denied, with ten dollars costs.