
    Bernheimer et al., Respondents, v. Kilpatrick, Appellant.
    
      (Supreme Court, General Term, First Department.
    
    March 29, 1889.)
    Motion to dismiss for failure to prosecute appeal.
    Argued before Van Brunt, P. J., and Bartlett, J.
    
      Kelly & McRae, for appellant. Francis C. Reed, for respondents.
   No opinion. 'Motion denied, upon payment by appellant of $10 costs and ■stipulating to argue appeal at next term of the court.  