Majority
p. 924Fourth Department, June, 1910. John W. Welker and Frank C. Humphrey, as Trustee of School District No. 12 of the Town of Darien, Respondents, v. Andrew J. Lathrop and Henry I. Barber, Appellants.
Judgment reversed on questions of law and fact and new trial ordered before another referee, with costs to appellant to abide event, Held, that Trustee Tiffany should have been made a' party to the action. All concurred.