General

Francis X. Zapf, Appellant, v. Lulu N. Carter, Respondent, Impleaded with Others

172 N.Y. 666·New York Court of Appeals·1902·NY

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Opinion

Francis X. Zapf, Appellant, v. Lulu N. Carter, Respondent, Impleaded with Others. Reported below, 70 App. Div. 395. (Submitted December 8, 1902; decided December 9, 1902.) Motion to dismiss an appeal by permission from an order of the Appellate Division of the' Supreme Court in the fourth judicial department, entered March 22, 1902, reversing an interlocutory judgment in favor of plaintiff entered upon the report of a referee. . • The motion was made upon the ground that the return on appeal was imperfect in that it does not contain a true copy of the judgment appealed from. George O. Garter for motion. John Gonboy opposed. [MAJORITY] Motion denied, with ten dollars costs.