
    John Cullen, Respondent, v. Patrick Gallagher, Appellant, Impleaded, etc.
    Reported below, 28 App. Div. 173.
    (Submitted April 17, 1899;
    decided April 25, 1899.)
    Motion to place on the calendar an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 18, 1898, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.-
    The motion was made by respondent on the ground that through laches of appellant’s attorneys a return had not been filed in time to place on present calendar.
    
      Daniel Daly for motion.
    No one opposed.
   Motion granted, without costs.  