
    Henry G. Burleigh et al., Appellants, v. Shepard & Morse Lumber Company, Respondent.
    (Argued October 3, 1899;
    decided October 10, 1899.)
    
      Burleigh, v. Shepard & Morse Lumber Co., 39 App. Div. 641, appeal dismissed.
    Motion to dismiss an appeal from a judgment of the Appel late Division of the Supreme Court in the third judicial department, entered March 20, 1899, affirming a judgment in favor of defendant entered upon the report of a referee.
    The motion was made upon the ground that the decision of the Appellate Division was unanimous and the Court of Appeals had no jurisdiction.
    
      E. Conway for motion.
    
      J. Sanford Potter opposed.
   Motion granted, with costs, and appeal dismissed.  