No opinion. The court declines to consider this appeal, submitted without, argument at the June term, for the reason that it nowhere appears that the case has been settled and ordered filed by the judge before whom the action, was tried. Code Civil Proc. § 997; rule 35, Gen. Rules Prac.; McNish v. Bowers, 30 Hun, 214; Reese v. Boese, 92 N. Y. 632. The stipulation annexed, to the case is not sufficient.