General
Henry B. Kirkland et al., Appellants, v. Arthur Leary, Respondent
50 N.Y. 678·New York Court of Appeals·1872·NY
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Opinion
Henry B. Kirkland et al., Appellants, v. Arthur Leary, Respondent.
(Argued November 21, 1872 ;
decided Novenber 26, 1872.)
Appeal dismissed upon authority of Wright v. Hunter (46 N. Y.} 409); also affirming doctrine of Downing v. Kelley (48 N. Y.; 433), that resort cannot be had to opinion of General Term to determine whether new trial was granted upon questions of law or fact.
William F. Shepard for the appellants.
John Berry for the respondent.
[MAJORITY — Andrews, J.,]
Andrews, J.,
reads opinion for dismissal of appeal.
All concur.
Appeal dismissed.