General

John Irlbacker et al., Respondents, v. Philip W. Roth, Appellant

155 N.Y. 699·New York Court of Appeals·1898·NY

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Opinion

John Irlbacker et al., Respondents, v. Philip W. Roth, Appellant. Irlbaoker v. Both, 25 App. Div. 290, appeal dismissed. (Submitted April 18, 1898 ; decided May 3, 1898.) Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 14, 1898, affirming a judgment in favor of plaintiffs entered upon the report of a referee. The motion was made upon the grounds that no question of law was raised in the action and that the Appellate Division unanimously decided that there was evidence supporting and tending to sustain the findings of fact of the referee. Warren F. Miller for motion. Shea <& JelUnek opposed. [MAJORITY] Motion granted, with costs.