General

Mary Ann Adams et al., Respondents, v. George Elwood, Appellant

172 N.Y. 603·New York Court of Appeals·1902·NY

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Opinion

Mary Ann Adams et al., Respondents, v. George Elwood, Appellant. Reported below, 73 App. Div. 632. (Argued 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 second judicial department, entered June 4, 1902, affirming a judgment in favor of plaintiffs entered upon the report of a referee. The motion was made upon the grounds that the Appellate Division had unanimously decided that the findings of fact were warranted by the evidence and that there were no other questions of law to be reviewed ; also, that the appellant had failed to file a proper undertaking. R. J. Shadbolt for motion. William L. Mathot opposed. [MAJORITY] Motion denied, with ten dollars costs.