General

Elise Haussknecht, Respondent, v. Howard M. Smith, Appellant

151 N.Y. 658·New York Court of Appeals·1897·NY

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Opinion

Elise Haussknecht, Respondent, v. Howard M. Smith, Appellant. Deported below, 11 App. Div. 185. (Argued January 18, 1897; decided January 26, 1897.) Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 24, 1896, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The motion was made upon the grounds that the Appellate Division had unanimously decided that the findings of fact were supported by the evidence, and that the exceptions to the reception and rejection of evidence were frivolous. Josiah T. Marean for motion. Estes, Barnard & Tiffany opposed. [MAJORITY] Motion denied, with ten dollars costs.