Majority
p. 1139In re McLOUTH. (Supreme Court, Appellate Division, Fourth Department. November 25, 1908.)
In the matter of the final judicial settlement of the accounts of Charles G. Mc-Louth, as committee, etc. No opinion. Motion to dismiss appeal denied, without costs. Held that, the case and exceptions not having been settled and filed, there is technically no default under rule 41.