Staley v. Murray — 216 N.Y. 735

Majority

p. 735

Jacob W. Staley, as Surviving Executor of Jacob Stalee, Deceased, Respondent, v. Michael D. Murray et al., Appellants.

Headnote

Staley v. Murray, 166 App. Div. 328 , appeal dismissed.

(Argued September 29, 1915;

decided December 17, 1915.)

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 12, 1915, which affirmed an order of Special Term striking from a judgment and judgment roll the findings of fact and plaintiff’s exceptions thereto and directing that a judgment of nonsuit be entered in place thereof in an action to foreclose a mortgage.

Alfred D. Dennison for appellants.

Horton D. Wright for respondent.

Appeal dismissed, without costs, on the ground that it is taken from an order instead of a judgment of the Appellate Division; no opinion.

Concur: Willard Bartlett, Ch. J., Chase, Collin, Cuddeback, Hogan, Seabury and Pound, JJ.

Cases cited

Staley v. Murray 166 App. Div. 328 N.Y. App. Div. 1915-03-03 p. 735