Majority
p. 925Eliza S. Lowing, as Devisee, etc., Respondent, v. Isabelle Lowing How, as Executrix, etc., Appellant.
—Motion to dismiss appeal denied, without costs. Held, that the remedy of respondent is to move at Special Term to have the
p. 926
case and exceptions declared abandoned; thqt rule 35[1] does not apply because the case has not been settled.
* General Rules of Practice.— [Rep.