
    Julia Thaxter, Appellant, v. Mary T. Thain, Respondent.
    (Argued May 29, 1905;
    decided June 6, 1905.)
    
      Thaxter v. Thain, 100 App. Div. 488, appeal dismissed.
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial, department, entered January 18, 1905, affirming a judgment in favor of defendant entered upon a decision of the court on trial at Special Term.
    The motion was made upon the ground that the Court of Appeals had no jurisdiction to consider the appeal, the judgment of the Ajipellate Division having been unanimous and permission to appeal not having been granted.
    
      Alexander Thain for motion.
    
      David B. Hill opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.  