¶1 Motion granted and appeal dismissed, with costs, upon the ground that the action, being one to recover damages for malicious prosecution, is for a personal injury, within the definition of subdivision 9 of section 3343 of the Code of Civil Procedure, and hence under subdivision 2 of section 191 no appeal lies to this court from a unanimous affirmance, unless permitted in the way provided for in the section. Ten dollars cost of motion.
18 Bedell 531
72 N.E 1146
Parr v. . Loder, Jr.
Decided January 17, 1905
New York Court of Appeals · decided 1905-01-17
Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court, in the second judicial department, entered October 15, 1904, affirming a judgment in favor -of plaintiff entered upon a verdict and an order denying a .motion for a new trial. The motion was made upon the ground that the appeal was unauthorized and the Court of Appeals had no jurisdiction to' entertain the same.
Cited by 1 later decisions — most recently April 1964
Good law ✅— No negative treatment on recordhow we know
Decided 1905-01-17
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