Andrew J. Holcomb, Respondent, v. Charles W. Harris, as Executor of Edmund S. Harris, Deceased, Appellant

Andrew J. Holcomb, Respondent, v. Charles W. Harris, as Executor of Edmund S. Harris, Deceased, Appellant. Holcomb v. Harris, 41 App. Div. 617, appeal dismissed. (Submitted December 1, 1902; decided December 2, 1902.) Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 14, 1902, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The motion was made upon the ground that the judgment of the Appellate Division was unanimous; that said court had refused an application for leave to appeal to the Court of Appeals, and that more than thirty days had elapsed after service of a copy of the order denying such application before the appellant applied to a judge of the Court of Appeals for leave to appeal. James Lansing for motion. John T. Norton opposed. [MAJORITY] Motion granted and appeal dismissed, with costs, and ten dollars costs of motion.