William R. Young, Respondent, v. Joseph Gilmour, Appellant

William R. Young, Respondent, v. Joseph Gilmour, Appellant. Young v. Gilmour, 59 App. Div. 613, appeal dismissed. (Argued June 9, 1902; decided June 17, 1902.) Motion to dismiss an appeal from a judgment entered in favor of plaintiff March 20,1902, upon an order of the Appellate Division of the Supreme Court in the second' judicial department, denying a motion for a new trial made upon a case and exceptions under section 1001 of the Code of Civil Procedure. The motion was made upon the grounds that the decision of the Appellate Division was unanimous; that there was evidence tending to sustain the findings of fact; that no question of law is involved and the exceptions are frivolous and that the record presents no question that can be reviewed by the Court of Appeals. William H. Deady for motion. D. J. Newland opposed. [MAJORITY] Motion granted and appeal dismissed, with costs and ten dollars costs of motion.