
    Hawley D. Clapp, Respondent, v. William F. McCabe, Appellant.
    Reported below, 84 Hun, 379.
    (Submitted October 18, 1897;
    decided October 26, 1897.)
    Motion to dismiss an appeal from a judgment of the General Term of the Supreme Court in the second judicial department, entered February 16, 1895, which affirmed a judgment in favor of plaintiff entered upon the report of a referee.
    The motion was made upon the ground that no practical effect could be given to a decision upon the merits by the Court o^ Aupeals.
    
      A. Britton Havens for motion.
    
      Wm. Bam. Johnson opposed.
   Motion denied, with ten dollars costs.  