
    Newman Cowen et al., Respts., v. Christian Arnold et al., App’lts.
    
      (Supreme Court, General Term, First Department
    
    
      Filed June 6, 1890.)
    
    Appeal — Case.
    Where affidavits used on the motion and recited in the order are not printed in the case, the'appeal cannot be considered on the merits.
    Appeal from order allowing certain payments by receiver.
    
      Geo. Finch, for app’lt; Lewis Ganders, for resp’t; G. H. Lovett, for receiver.
   Per Curiam.

It appears upon an examination of the papers that certain affidavits used upon this motion and recited in the-order have not been printed.

This objection was taken upon the coming on of the appeal for argument. We do not see how we can consider the appeal on the-merits under these circumstances.

The appeal must be dismissed, with costs.

Van Brunt, P. J., Brady and Daniels, JJ., concur.  