
    Maurice Nelligan, Respondent, v. James Nelligan, Appellant.
    
      Nelligan v. Nelligan, 30 App. Div. 631, appeal withdrawn.
    (Submitted May 7, 1900;
    decided May 11, 1900.)
    Motion to withdraw an appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 1, 1898, affirming a judgment in favor of plaintiff entered upon the report of a referee.
    The motion was made upon the ground that, in view of recent decisions of the Court of Appeals, appellant is advised that said court has no jurisdiction to hear the appeal.
    
      Ream, <& Horton for motion.
    
      Edward Ef. Jaokson opposed.
   Motion granted on payment of costs to be taxed up to this time and ten dollars costs of motion.  