
    The Benedict & Burnham Manufacturing Company, Respondent, v. David G. Thayer, Appellant. The People ex rel. David G. Thayer, Appellant, v. Peter Bowe, Sheriff, etc., Respondent.
    (Argued September 21, 1880;
    decided September 28, 1880.)
    This was a motion to dismiss an appeal. The case is reported below (21 Hun, 614).
    No undertaking was given on the appeal) no return had been filed and no steps taken in this court. Held, that no appeal was pending (Code of Civil Procedure, § 1326; Raymond v. Richmond, 76 N. T. 106), and, therefore, there was none to dismiss.
    
      James S. Stearns for motion.
    
      A. C. Brown opposed.
   Per Curiam

opinion for denial of motion.

All concur, except Folger Ch. J., Rapadlo and Finch, JJ., dissenting.

Motion denied.  