104 N.E. 126 | NY | 1914
It is impossible for this court to pass upon the important questions of law involved in this case unless they shall be brought up hereafter by the defendant's appeal from a judgment of affirmance against him *577
after a new trial conducted in accordance with the opinion of the Appellate Division. We are obliged to dismiss the present appeal upon the authority of Wright v. Smith (
The appeal should be dismissed, with costs.
WILLARD BARTLETT, Ch. J., WERNER, CHASE, COLLIN, CUDDEBACK and HOGAN, JJ., concur; MILLER, J., not sitting.
Appeal dismissed.