Francis Higgins as Receiver of the North River Bank in the City of New York, Appellant, v. William E. Tefft, Respondent, Impleaded with Edward E. Gedney et al.

Francis Higgins as Receiver of the North River Bank in the City of New York, Appellant, v. William E. Tefft, Respondent, Impleaded with Edward E. Gedney et al. Higgins v. Tefft, 38 App. Div. 622, appeal dismissed. (Argued April 17, 1899; decided April 25, 1899.) Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 7, 1899, affirming a judgment in -favor of defendant Tefft entered upon a decision of the court on trial at Special Term, sustaining his demurrer to the complaint, and dismissing the complaint as to him. The motion was made upon the ground that the appeal is an attempt to review the discretion of the court below, and is unauthorized by law. Oliver B. Goldsmith and William B. BlUson for motion. Leopold Leo, T. O. T. Oraim and Bmjamvm, Yates opposed. [MAJORITY] Motion granted and appeal dismissed, with costs.