
    LOWING, Respondent, v. HOW, Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    May 27, 1908.)
    Action by Eliza S." Lowing, as devisee, etc., against Isabelle Lowing How, as executrix.
   No opinion. Motion to dismiss appeal denied, without costs. Held, that the remedy of respondent is to move at Special Term to have the case and exceptions declared abandoned; that rule 35 does not apply, because the case has not been settled.  