Ruslander v. Evangelical Lutheran St. Johannes Gemeinde in Middle Ebenezer

Headnote

Reported below, 171 App. Div. 075 .

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 8, 1915, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the Erie County Court on trial at an Equity Term.

The motion was made upon the grounds that defendant is not a party aggrieved, the judgment having been entered upon its own motion; that the Appellate Division had unanimously affirmed the findings of fact;1 that no

questions of law were involved, and that the appeal was taken merely for the purposes of delay.