
    Nancy E. Pickard, App’lt, v. James Carr et al., Resp’ts.
   The court declines to consider this appeal, submitted without argument at the June term, for the reason that it nowhere appears that- the case has been settled and ordered filed by the judge before whom the action was tried. Code Civ. Pro., § 997; Rule 35 of General Rules of Practice; McNish v. Bowers, 30 Hun, 214; Reese v. Boese, 92 N. Y., 632. The stipulation annexed to the case is not sufficient.  