Axel Young, Respondent, v. George C. Tilyou et al., Appellants, Impleaded with Others

Axel Young, Respondent, v. George C. Tilyou et al., Appellants, Impleaded with Others. Young v. Tilyou, 113 App. Div. 123, appeal dismissed. (Submitted May 14, 1906; decided May 22, 1906.) Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 1,1906, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to restrain defendants from obstructing a roadway which had been used by plaintiff under a lease for many years and to compel the removal of obstructions already thereon. The motion was made upon the grounds that the Appellate Division had unanimously decided that the findings of fact were supported by the evidence, that no questions of law were involved and permission to appeal had not been granted. Walter E. Warner for motion. Henry E. Heistad opposed. [MAJORITY] Motion granted and appeal dismissed, with costs, but without costs of motion.