
    WILLS, Appellant, v. BROOKLYN UNION EL. R. CÓ., Respondent.
    (Supreme Court, Appellate Division, Second Department.
    December 19, 1899.)
    Action by William Wills, as receiver of the Brooklyn Elevated Railroad Company, against the Brooklyn Union Elevated Railroad Company.
   PER CURIAM.

It does not clearly appear that the question of fact referred by the court for determination would have no just influence or effect on the disposition of the motion. In such a case, we should not interfere with the discretion exercised by the judge at special term. Order affirmed, without costs.  