This seems to be a hard case on the law student, and the blame of his failure to know that he had not passed in the particular study in September, 1890, seems to lie equally upon the Rome Academy and upon himself. Under our decision in Re Moore, 108 N. Y. 280; 13 St. Rep. 621, we think we cannot grant the present application. The motion is denied. £

All concur, except Peckham, J., dissenting.