Summary
In Gray v. The New York Floating Elevator Co. (Feb. 10, 1882), recently decided in this court — a common-law action — the plaintiff appealed from so much of the order of the General Term as stated that the affirmance was "without prejudice to a motion to be made on a case at Special Term for a new trial on the question of fact," and we dismissed the appeal on the ground that the General Term in the exercise of its discretion could thus qualify its order of affirmance.
Summary of this case from Syracuse Sav. Bk. v. S., C. N.Y.R.R. Co.Opinion
Argued January 31, 1882
Decided February 10, 1882
Luther R. Marsh for appellants.
Wm. W. Goodrich for respondent.
Agree to dismiss appeal; no opinion.
All concur.
Appeal dismissed.