
    William B. Smyth, Appellant, v. George W. M. Sturgess, Respondent.
    (Submitted October 2, 1888;
    decided October 9, 1888.)
    Motion upon order to show cause, granted under section 1298 of the Code of Civil Procedure, why the judgment appealed from herein should not be affirmed.
    After the appeal and before decision the appellant died. Without knowledge of this fact the case was decided. (See 108 N. Y. 495.)
    
      J. Julius Langbein for motion.
   Agree to grant motion; no opinion.

All concur.

Judgment affirmed.  