Kirkland v. Leary — 50 N.Y. 678

Majority

p. 678

Henry B. Kirkland et al., Appellants, v. Arthur Leary, Respondent.

(Argued November 21, 1872 ;

decided Novenber 26, 1872.)

p. 679

Headnote

Appeal dismissed upon authority of Wright v. Hunter (46 N. Y.} 409); also affirming doctrine of Downing v. Kelley (48 N. Y.; 433), that resort cannot be had to opinion of General Term to determine whether new trial was granted upon questions of law or fact.

William F. Shepard for the appellants.

John Berry for the respondent.

reads opinion for dismissal of appeal.

All concur.

Appeal dismissed.