
    Homer E. Wilson, Appellant, v. C. Leonard J. Ager, Respondent, Impleaded with Another.
    Reported below, 166 App. Div. 969.
    (Argued February 21, 1916;
    decided February 29, 1916.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 4, 1915, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term in an action to restrain the defendants from excavating a certain channel in the Black river.
    The motion was made upon the ground that the judgment of affirmance was unanimous; that the record contains no exceptions reversadle by the Court of Appeals and that no question of law was involved which said court could review.
    
      Henry Purcell, Jr., for motion.
    
      P. H. Fitzgerald, opposed.
   Motion denied, without costs.  