
    Michael Lennon, Respondent, v. Mary F. C. Smith, Impleaded, etc., Appellant.
    Reported below, 33 App. Div. 393.
    (Argued June 6, 1898;
    decided June 14, 1898.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 21, 1898, affirming a judgment in favor of plaintiff entered upon the report of a referee.
    
      The motion was made upon the grounds that the Court of Appeals has no jurisdiction; that the affirmance by the Appellate Division was rinanimous, and that the exceptions are frivolous.
    
      Alex Thain for motion.
    
      Frank F. Smith opposed.
   Motion denied, with ten dollars costs.  