McWhirter v. Bowen — 214 N.Y. 655

Majority

p. 655

William H. McWhirter, Appellant, v. Abner T. Bowen, Respondent, Impleaded with Others.

(Submitted February 23, 1915;

decided March 3, 1915.)

Headnote

MoWhirter v. Bowen, 165 App. Div. 909 , appeal dismissed.

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 24, 1914, affirming a judgment in favor of defendant entered upon an order of Special Term dismissing the complaint and granting other relief in an action to enforce a lien upon real property.

• The motion was made upon the ground that the judgment appealed from was not final, and, therefore, not appealable to the Court of Appeals; that the notice of

p. 656

appeal was defective; that the judgment of affirmance was unanimous and that no exceptions appear in the record.

Henry B. Johnson for motion.

James M. Fisk opposed.

Motion granted and appeal dismissed, with costs, and ten dollars costs of motion.