Wilcox v. Silcox — 220 N.Y. 650

Majority

p. 650

John E. Wilcox, Respondent, v. William J. Silcox et al., Appellants.

Headnote

Wilcox v. Silcox, 175 App. Div. 966 , appeal dismissed.

(Submitted February 26, 1917;

decided March 6, 1917.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the fourth

p. 651

judicial department, entered November 20, 1916, affirming a judgment in favor of plaintiff entered upon a verdict in an action on contract.

The motion was made upon the ground that the Appellate Division had unanimously decided that the evidence sufficiently sustained the verdict; that no questions of law were involved; that the exceptions were frivolous, and the appeal without merit and taken solely for the purpose of delay.

John F. Kinney for motion.

Hampton H. Halsey opposed.

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