Alvin F. Nims, Respondent, v. Edwin A. Merritt, Jr., et al., Appellants

Alvin F. Nims, Respondent, v. Edwin A. Merritt, Jr., et al., Appellants. Reported below, 84 App. Div. 632. (Argued February 8, 1904; decided February 16, 1904.) Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 29, 1903, 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 had no jurisdiction to entertain the appeal; that no question of law was involved; that the exceptions were frivolous; that the appeal was taken for the purpose of delay; that the decision of the Appellate Division was unanimous and no leave to appeal had been granted. Henry Purcell for motion. Lowen F. Ginn opposed. [MAJORITY] Motion denied, with ten dollars costs.