
    Harvey Joyce, Appellant, v. The Rome, Watertown and Ogdensburg Railroad Company, Respondent.
    Reported below, 92 Hun, 107.
    (Submitted December 4, 1899;
    decided December 15, 1899.)
    Motion to dismiss an appeal from a judgment of the late General Term of the Supreme Court in the fourth judicial department, entered January 10, 1896, affirming a judgment in favor of defendant entered upon a verdict.
    The motion was made upon the grounds that appellant had failed to give or serve the requisite undertaking and had failed to file a proper return with the clerk of the Court of Appeals.
    
      Mullin, Griffin & Walker for motion.
    
      John W. Shea opposed.
   Motion granted, unless appellant within twenty days files and serves undertaking required to perfect appeal, and pays ten dollars costs of motion.  