
    Louis H. Gein, Respondent, v. William McCarty Little, Appellant, Impleaded with Another.
    
      Gein v. Little, 102 App. Div. 614, appeal dismissed.
    (Argued October 1, 1906;
    decided October 9, 1906.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 17, 1905, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury.
    The motion was made upon the ground that the judgment was not appealable to the Court rf Appeals, the action being upon an individual bond, the judgment of the Appellate Division being unanimous and permission to appeal not having been granted.
    
      Lynn W. Thompson for motion.
    
      Alexander Thain opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.  