
    Birt Smith, Plaintiff, v. John L. Smith, Respondent, and Lyman C. Smith, Appellant, Impleaded with Others.
    Reported below, 159 App. Div. 934.
    (Submitted October 5, 1914;
    decided October 13, 1914.)
    Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 13, 1913, reversing a judgment in favor of defendant, appellant,• entered upon a verdict and granting a new trial in an action of partition.
    The motion was made upon the ground that the reversal by the Appellate Division was upon the facts and that there was, therefore, no material question which the Court of Appeals could review.
    
      Manly E. King for motion.
    
      Ernest F. Kruse opposed.
   Motion denied, without costs.  