General

Albany Exchange Savings Bank, Respondent, v. William C. Brass et al., Appellants, Impleaded with Others

167 N.Y. 615·New York Court of Appeals·1901·NY

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Opinion

Albany Exchange Savings Bank, Respondent, v. William C. Brass et al., Appellants, Impleaded with Others. (Submitted June 3, 1901; decided June 11, 1901.) Reported below, 59 App. Div. 370. Motion to dismiss an appeal from a judgment of the Appel- ' late Division of the Supreme Court in the third judicial department, entered March 16, 1901, affirming a judgment in favor of plaintiff entered upon the report of a referee. The motion was made upon the ground that the appeal is prohibited by section 9 of article 6 of the Constitution and by subdivisions 3 and 1 of section 191 of the Code of Civil Procedure. A. V. I)e Witt and William I. Learned for motion. It. W. Brass, P. E. Bubois and E. Countryman opposed. [MAJORITY] Motion denied, with ten dollars costs.