Benjamin Parr, Respondent, v. Noah Loder, Jr., Appellant

Benjamin Parr, Respondent, v. Noah Loder, Jr., Appellant. Parr v. Loder, 97 App. Div. 218, appeal dismissed. (Submitted January 9, 1905; decided January 17, 1905.) Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court, in the second judicial department, entered October 15, 1904, affirming a judgment in favor -of plaintiff entered upon a verdict and an order denying a .motion for a new trial. The motion was made upon the ground that the appeal was unauthorized and the Court of Appeals had no jurisdiction to' entertain the same. Ralph Earl Prime, Jr., for motion. Joseph Middlebrook opposed. [MAJORITY] Motion granted and appeal dismissed, with costs, upon the ground that the action, being one to recover damages for malicious prosecution, is for a personal injury, within the definition of subdivision 9 of section 3343 of the Code of Civil Procedure, and hence under subdivision 2 of section 191 no appeal lies to this court from a unanimous affirmance, unless permitted in the way provided for in the section. Ten dollars cost of motion.