General

Isaac W. Parmenter, Respondent, v. American Box Machine Company, Appellant

162 N.Y. 648·New York Court of Appeals·1900·NY

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Opinion

Isaac W. Parmenter, Respondent, v. American Box Machine Company, Appellant. Parmenter v. American Box Machine Co., 44 App. Div. 47, appeal dismissed. (Argued April 16, 1900; decided April 20, 1900.) Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered October 31, 1899, affirming a judgment in favor of plaintiff entered upon a decision of the court at "a Trial Term, a jury having been waived. The motion was-made upon the grounds that this court has no jurisdiction of the appeal, it not having been allowed by the Appellate Division or by a judge of the Court of Appeals, and that the exceptions taken during the trial are frivolous. George S. Coleman for motion. Julius M. Mayer opposed. [MAJORITY] Motion granted, and appeal dismissed, without costs.