
    Charles Remsen et al., as Executors of William Remsen, Deceased, et al., Respondents, v. The Metropolitan Elevated Railway Company et al., Appellants.
    Reported below, 9 App. Div. 533.
    (Argued May 3, 1897 ;
    decided May 11, 1897.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, rendered in November, 1896, which modified and, as modified, affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term.
    The motion was made upon the ground that the record discloses a unanimous decision of the Appellate Division that there is evidence supporting the findings of fact; and that the exceptions herein are trifling and frivolous.
    
      W. G. Peokham for motion.
    
      Julien T. Drnies and Braina/rd Tolies opposed.
   Motion denied, with ten dollars costs.  