Scofield v. Fitzsimmons — 215 N.Y. 684

Majority

p. 684

Seth W. Scofield, Appellant, v. Jean W. Fitzsimmons, Respondent.

(Submitted May 24, 1915;

decided June 1, 1915.)

Headnote

Scofield v. Mtesimmons, 166 App. Div. 940 , appeal dismissed.

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 27, 1915, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term

p. 685

in an action to annul a marriage upon the ground that it was induced by fraud and duress.

The motion was made upon the grounds that the appeal was wholly without merit and was taken only for purpose of delay, no question of law being involved which the Court of Appeals could review.

Irwin Untermeyer for motion.

. John Willett opposed.

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