
    Frederick Wagner, Appellant, v. John H. Perry, Respondent.
    (Submitted October 16, 1888;
    decided October 26, 1888.)
    Motion to dismiss appeal from judgment of the Generar Term of the Supreme Court in the first judicial department, entered upon an order made at the February Term, 1888, which affirmed a judgment in favor of defendant, entered upon the report of a referee.
    
      James R. Marvin for motion.
    
      Charles Miehling opposed.
   Agree to grant motion; no opinion.

All concur.

Appeal dismissed.  