General

Frederick H. Smith, Jr., Respondent, v. Henry J. Crocker et al., Appellants

158 N.Y. 665·New York Court of Appeals·1899·NY

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Opinion

Frederick H. Smith, Jr., Respondent, v. Henry J. Crocker et al., Appellants. (Argued January 9, 1899; decided January 24, 1899.) Reported below, 14 App. Div. 245. Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 18, 1897, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The motion was made upon the grounds that the judgment is not appealable; that the court has no jurisdiction to review it, and that the exceptions are frivolous. James A. Dennison for motion. Charles K. Beekman opposed. [MAJORITY] Motion denied, with ten dollars costs.