General
Matilda C. Brees, Respondent, v. Charles H. Brees et al., Appellants
159 N.Y. 526·New York Court of Appeals·1899·NY
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Opinion
Matilda C. Brees, Respondent, v. Charles H. Brees et al., Appellants.
Brees v. Brees, 38 App. Div. 636, appeal dismissed.
(Argued April 17, 1899;
decided April 25,1899.)
Motion to dismiss appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered October 12, 1898, modifying and, as modified, affirming a judgment in favor of plaintiff entered upon the report of a referee.
The motion w*as made upon the ground that the appellants, having received a benefit under the judgment directed by the Appellate Division, had waived their right to appeal.
William H. Andrews for motion.
Vasco P. Abbott opposed.
[MAJORITY]
Motion granted and appeal dismissed, with costs.