General

Xaver Wiedeman, Respondent, v. James Everard, Appellant

166 N.Y. 598·New York Court of Appeals·1901·NY

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Opinion

Xaver Wiedeman, Respondent, v. James Everard, Appellant. Wiedeman v. Everard, 56 App. Div. 358, appeal dismissed. (Argued February 25, 1901; decided March 5, 1901.) Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 4, 1901, affirming an order made at a Trial Term denying a motion for a new trial and to set aside a verdict in favor of plaintiff. The motion was made upon the ground that the order in this case is not a final order in a special proceeding, nor one granting a new trial on exceptions, and is, therefore, not appealable to this court. Robert Goeller for motion. Charles C. Nadal opposed. [MAJORITY] Motion granted and appeal dismissed, with ten dollars costs.