Henry E. H. Brereton, Appellant, v. Laura E. Gilmore, Respondent

Henry E. H. Brereton, Appellant, v. Laura E. Gilmore, Respondent. Reported below, 66 App. Div. 616. (Submitted January 6, 1902; decided January 14, 1902.) Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 15, 1901, affirming a judgment in favor of plaintiff entered upon the report of a referee. The motion was' made upon the grounds that the Court of Appeals has no jurisdiction to entertain the appeal, which is from an unanimous affirmance by the Appellate Division of a judgment rendered in an action to recover for services; that there is no question of law involved, and that the exceptions taken by the appellant on the trial are frivolous. Charles R. Patterson for motion. T. W. McArthur opposed. [MAJORITY] Motion denied, with ten dollars costs.