
    William Hotopp, Respondent, v. Emilie Huber et al., Executors of Otto Huber, Deceased, Appellants.
    Reported below, 16 App. Div. 327.
    (Argued June 21, 1897;
    decided June 25, 1897.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department rendered April 9, 1897, which affirmed a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury.
    The motion was made upon the ground that the decision of the- Appellate Division was a unanimous affirmance of a question of fact and that the exceptions were frivolous.
    
      Abram Klrnig for motion.
    
      louis Marshall opposed.
   Motion denied, with ten dollars costs.  