General

Sterns Williams et al., Respondents, v. Benton Turner, Appellant

166 N.Y. 636·New York Court of Appeals·1901·NY

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Opinion

Sterns Williams et al., Respondents, v. Benton Turner, Appellant. Williams v. Turner, 55 App. Div. 636, appeal dismissed. (Argued April 15, 1901; decided April 23, 1901.) Motion . to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 17, 1900, affirming a judgment in favor of plaintiffs entered upon the report of a referee. The motion was made upon, the grounds that the Court of Appeals has no jurisdiction to hear the appeal, and that the exceptions appearing in the record are frivolous. Frank E. Smith for motion. S. L. Wheeler opposed. [MAJORITY] Motion granted and appeal dismissed, on the ground that the exceptions appearing in the record are frivolous, with costs.