
    Filed March 12, 1889.
    ALFRED NELSON, Executor, etc., v. SUTHERLAND TENNEY, Assignee, etc.
    
      Francis Forbes, for motion; John Lindley, opposed.
   Motion to dismiss granted, with costs, on the ground that the supreme court had no power to grant an order allowing the appellant to perfect his appeal by-filing an undertaking, and no reason is shown to this court for excusing the delay.

See 40 Hun, 640, mem.  