General

Mark E. Sandford, Appellant, v. Henry Wagner, Respondent

172 N.Y. 605·New York Court of Appeals·1902·NY

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Opinion

Mark E. Sandford, Appellant, v. Henry Wagner, Respondent. Sandford v. Wagner, 71 App. Div. 617, appeal dismissed. (Submitted October 6, 1902; decided October 14, 1902.) Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 26, 1902, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The motion was made upon the grounds that no question of law was involved in the appeal and that the Court of Appeals had, therefore, no jurisdiction to entertain it. Edward Hymes for motion. Alex. Thom opposed. ' [MAJORITY] Motion granted and appeal dismissed, with costs and ten dollars costs of motion.