Charles Remsen et al., as Executors of William Remsen, Deceased, et al., Respondents, v. The Metropolitan Elevated Railway Company et al., Appellants

Charles Remsen et al., as Executors of William Remsen, Deceased, et al., Respondents, v. The Metropolitan Elevated Railway Company et al., Appellants. Reported below, 9 App. Div. 533. (Argued May 3, 1897 ; decided May 11, 1897.) Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, rendered in November, 1896, which modified and, as modified, affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The motion was made upon the ground that the record discloses a unanimous decision of the Appellate Division that there is evidence supporting the findings of fact; and that the exceptions herein are trifling and frivolous. W. G. Peokham for motion. Julien T. Drnies and Braina/rd Tolies opposed. [MAJORITY] Motion denied, with ten dollars costs.