
    Henry Wittenbrock, Respondent, v. L. Mabins et al.
    (Argued October 6, 1890;
    decided October 14, 1890.)
    Appeal by Egbert ITcbtmann from order of the General Term of the Supreme Court, in the first" judicial department, made June 9, 1890, which affirmed an order of Special Term denying a motion to vacate a subpoena directing appellant to appear and testify before a commission appointed to take his deposition.
    
      Henry C. Willcox for appellant.
    
      A. B. Porter for respondent.
   Agree to dismiss appeal; no opinion.

All concur.

Appeal dismissed.  