
    Laurent J. Tonnele, Respondent, v. Francis S. Wetmore, et al., Individually and as Trustees under the Will of Francis G. Wetmore, Deceased, et al., Appellants.
    Reported below, 124 App. Div. 686.
    (Submitted June 8, 1908;
    decided June 12, 1908.)
    Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 23,1908, reversing a judgment in favor of defendants entered upon the report of a referee and granting a new trial in an action to recover possession of an undivided interest in certain real property.
    The motion was made upon the ground that the Court of Appeals had no jurisdiction to entertain the appeal.
    
      John R. Halsey for motion.
    
      W. T. Emmet and Charles Emmet opposed.
   Motion denied, with ten dollars costs.  