General

William C. Smith, Appellant, v. James R. Heslin, as Administrator of John L. Millikin, Deceased, et al., Respondents

181 N.Y. 544·New York Court of Appeals·1905·NY

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Opinion

William C. Smith, Appellant, v. James R. Heslin, as Administrator of John L. Millikin, Deceased, et al., Respondents. Smith v. Heslin, 85 App. Div. 628, appeal dismissed. (Argued April 10, 1905; decided April 11, 1905.) Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 8, 1903, which affirmed a, judgment of Special Term sustaining a demurrer to the complaint. The motion was made upon the ground that the appellant liad not perfected the appeal or served upon the respondents his proposed case and exceptions. M. H. Kiley for motion. No one opposed. [MAJORITY] Motion granted and appeal dismissed, with costs and ten •dollars costs of motion.