
    DONNELLY, Appellant, v. HELLMAN, Respondent.
    (Supreme Court, Appellate Division, Second Department.
    April 27, 1906.)
    Action by John H. Donnelly against Myer Heilman.
   PER CURIAM.

We decline to consider this appeal for the reasons, first, it does not contain all the evidence given upon the trial, as required by section- 317 of the Municipal Court Act (Laws 1902, p. 1580, c. 580); second, no case has been settled, as required by section 318; third, the return does not have indorsed thereon the allowance of the justice before whom the action was tried, as required by sections 317 and 318. Appeal dismissed, with costs.

HOOKER, J., concurs in result.  