General

Maude A. Deeley, Appellant, v. Carl Heintz, Respondent

165 N.Y. 660·New York Court of Appeals·1901·NY

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Opinion

Maude A. Deeley, Appellant, v. Carl Heintz, Respondent. Reported below, 40 App. Div. 612. (Submitted January 28, 1901; decided February 1, 1901.) Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 25, 1899, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The motion was made upon the grounds that the Appellate Division unanimously decided that the findings of fact were supported by the evidence ; that the exceptions taken 'at the trial were frivolous, and there is no question of law involved. Denry W. Rudd for motion. Leopold Sondheim opposed. [MAJORITY] Motion denied, with ten dollars costs.