
    Rudolph A. Breidenbach, as Trustee in Bankruptcy of George J. Rainess, Respondent, v. David Mayer, Appellant.
    Reported below, 110 App. Div. 891.
    (Submitted March 19, 1906;
    decided March 27, 1906.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 30, 1905, affirming a judgment in favor of plaintiff entered upon a decision of tne court on trial at Special Term.
    The motion was made upon the grounds that the Court of Appeals had no jurisdiction to entertain- the appeal, the decision of the Appellate Division being unanimous and permission to appeal not having been granted; that the appellant’s exceptions were frivolous and no questions of law were raised thereby.
    
      George Malraison for motion.
    
      Milton Mayer opposed.
   Motion denied, with ten dollars costs.  