
    McDONALD, Respondent, v. De VITO et al., Appellants.
    (Supreme Court, Appellate Division, Fourth Department.
    November 28, 1906.)
    Action by George M. McDonald against Donato De Vito and another.
   No opinion. Motion denied, without costs. Held, that all questions as to inaccuracies in the case and exceptions must be determined in the lower court, and the case and exceptions as finally settled filed, before a motion to dismiss under rule 41 can be entertained here.  