The Home Bank, Appellant, v. J. B. Brewster & Co. et al., Respondents; The Fifth National Bank of the City of New York, Appellant, v. The Same, Respondents; The National Broadway Bank in the City of New York, Appellant, v. The Same, Respondents

The Home Bank, Appellant, v. J. B. Brewster & Co. et al., Respondents. The Fifth National Bank of the City of New York, Appellant, v. The Same, Respondents. The National Broadway Bank in the City of New York, Appellant, v. The Same, Respondents. Home Bank v. Brewster & Co., 33 App. Div. 330, appeal dismissed. (Argued April 17, 1899; decided April 25, 1899.) Motions to dismiss appeals from an order of the Appellate Division of the Supreme Court in the first judicial department in each of the above-entitled cases, entered October 19, 1898, reversing an order of Special Term modifying a referee’s report, and confirming his report in a proceeding to take and state the accounts of a receiver. The motions were made upon the ground that the appeals are taken from an order made in a civil action, and not made in any special proceeding. Thomas G. Shearman and Cortland Betts for motion. William C. Beecher and Bichard B. TCelT/y opposed. [MAJORITY] Motions granted and appeals dismissed, with costs.