
    Gage E. Tarbell, Respondent, v. George P. Finnigan et al., Appellants.
    Reported below, 35 App. Div. 634.
    (Argued April 17, 1899;
    decided April 25, 1899.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, rendered November 16, 1898, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
    The motion ivas made upon the grounds that the Appellate Division, by a unanimous decision, held that there was evidence supporting, or tending to sustain, the findings of fact, and that the exceptions are frivolous.
    
      Franklin Pierce for motion.
    
      A. P. Wales opposed.
   Motion denied, with ten dollars costs.  