General

John J. Welstead, Respondent, v. James E. Jennings, Appellant

183 N.Y. 549·New York Court of Appeals·1905·NY

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Opinion

John J. Welstead, Respondent, v. James E. Jennings, Appellant. (Submitted December 4, 1905; decided December 12, 1905.) Reported below, 104 App. Div. 179. Motion, to dismiss an appeal from a judgment .of the Appellate Division of the Supreme Court in the second judicial department, entered April 28,1905, affirming a judgment in fav.or of defendant entered upon a decision of the court on trial at Special Term. The motion was made upon the ground that the Court of Appeals was without jurisdiction to entertain the appeal, it bringing up for review solely a unanimous decision of the Appellate Division that the findings of fact were supported by the evidence. Joseph R. Swan for motion. Harri M. Howell opposed. [MAJORITY] Motion denied, with ten dollars costs.