Majority
p. 707In the Matter of James P. Mazzone, Appellant. David Hjorth et al., Respondents. Submitted October 3, 1938; decided October 4, 1938.
Edwin C. Hamburg and Merle I. St. John for motion.
Samuel Femer opposed.
Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless appellant files and serves undertaking on appeal and pays ten dollars costs within ten days, in which event the motion is denied.