
    Oscar Compton, Resp’t, v. Henry E. Bowns, App’lt.
    
      (New York Common Pleas,
    
    
      Filed December 4, 1893.)
    
    Appeal—Leave. •
    The common pleas has no jurisdiction to entertain a motion for leave to go to the court of appeals, where the remittitur from the common pleas has been filed in the city court, an order making the judgment of the common pleas the judgment of the city court entered, and the cause set down for trial, before the service of notice of motion.
    Motion for leave to go to court of appeals.
    
      Hyland & Zabrislcie, for motion; Putney, Bishop & Slade, contra.
   Per Curiam.

The remittitur having been filed in the city court, an order entered making the judgment of this court the judgment of that, and the cause set for trial, all prior to the notice of motion, we have no jurisdiction to entertain the motion. Thompson v. Kearney, 14 Daly, 436.

Motion denied, with costs.  