
    Otis E. Wood et al., as Trustees, etc., Respondents, v. Franklin C. Cornell, Appellant.
    (Argued October 8, 1894 ;
    decided October 16, 1894.)
    Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made May 18, 1894, which affirmed an interlocutory judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term overruling a demurrer to the complaint.
    
      M. If. Tompkins for appellant.
    
      Simeon Smith for respondents.
   Agree to dismiss appeal on argument, with costs, with leave to appellant to answer in thirty days on payment of costs in that time.

All concur.

Appeal dismissed.  