Majority
p. 900Loren J. Lamphere, Respondent, v. Henry Finck and Albert Finck, Appellants, Impleaded with Canadaway Fertilizer Company and Others.
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Held, (1) that the Special Term had no power to set aside the findings embodied in the decision, after the decision had been made and filed; (2) if it was intended to move for a new trial upon the ground of newly-discovered evidence that motion should have been made upon a case made and settled as the practice requires. All concurred.