McIntosh v. Wolfe 221 N.Y. 637

Edith E. H. McIntosh, Respondent, v. Arthur P. Wolfe, Appellant.

(Submitted October 1, 1917;

decided October 9, 1917.)

McIntosh v. Wolfe, 146 App. Div. 885, appeal dismissed.

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 11, 1911, affirming a *638judgment in favor of plaintiff entered , upon a verdict in an action to recover for personal injuries alleged tó have been sustained by plaintiff through the negligence of the defendant.

The motion was made upon the grounds that the Court of Appeals was without jurisdiction to hear the appeal and that the appellant had been guilty of loches in filing the return.

Guy B. Moore for motion.

Francis F. Baker opposed.