Hollender v. Wallace — 224 N.Y. 602

Majority

p. 602

Susie V. Hollender, as Administratrix with the Will Annexed of John A. Goodenough, Deceased, Appellant, v. Frederick H. Wallace, as Administrator of Christopher D. Wallace, Deceased, Respondent.

Headnote

Reported below, 180 App. Div. 393 .

(Argued September 30, 1918;

decided October 8, 1918.)

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

p. 603

judicial department, entered December 29, 1917, modifying and unanimously affirming as modified a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to establish a lost will.

The motion was made upon the ground that the Court of Appeals was without jurisdiction to entertain the appeal.

John M. Scoble for motion.

John H. Hazelton opposed.

Motion denied, with ten dollars costs and necessary printing disbursements.