General

Herman Siefke, Respondent, v. Henry Siefke, Appellant

161 N.Y. 641·New York Court of Appeals·1900·NY

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Opinion

Herman Siefke, Respondent, v. Henry Siefke, Appellant. Reported below, 36 App. Div. 633. (Submitted January 8, 1900; decided January 16, 1900.) Motion to substitute Henry Siefke, executor, etc., of Henry Siefke, deceased, as appellant, and to prefer an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 10,1899, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The motion was made upon the ground that during the pendency of the appeal a party to the action has died, and the pendency of the appeal prevents the settlement of his estate. George W. McAdam for motion. No one opposed. [MAJORITY] Motion granted, without costs.