
    Simon Deimel et al., Resp’ts, v. David Scheveland, App’lt.
    
    
      (New York Common Pleas,
    
    
      General Term,
    
    
      Filed April 7, 1890.)
    
    Appeal—Leave to go to court of appeals.
    Where it is not made to appear that any statute or decision has been overlooked in the conclusion reached, leave to go to the court of appeals will not be granted.
    Motion for leave to appeal to the court of appeals.
    
      George Wilcox, for app’lt; S. Wolf, for resp’ts.
    
      
       See 29 N. Y. State Rep., 713.
    
   Larremore, Ch. J.

After a careful re-examination of the case. I have reached the conclusion that this application should be denied, It does not appear from the affidavit that any statute or decision has been overlooked in the conclusion reached. Neither does it appear that the questions presented by the learned counsel for the motion have been frequently passed upon as shown by the authorities already cited.

The motion is therefore denied, without costs.

Bischoff, J., concurs.  