McDonald v. De Vito

101 N.Y.S. 1133 Court N.Y. App. Div. Decision date 1906-11-28 English

Contents

Majority

p. 1133

McDONALD, Respondent, v. De VITO et al., Appellants.

(Supreme Court, Appellate Division, Fourth Department.

November 28, 1906.)

Headnote

Action by George M. McDonald against Donato De Vito and another.

No opinion. Motion denied, without costs. Held, that all questions as to inaccuracies in the case and exceptions must be determined in the lower court, and the case and exceptions as finally settled filed, before a motion to dismiss under rule 41 can be entertained here.