Majority
p. 1013Sam Schwartz, Respondent, v. “John” Smith, Appellant.
Motion denied on condition that appellant perfect the appeal for the December term (for which term this ease is set down), and be ready for argument when
p. 1014
reached; otherwise, motion granted, with ten dollars costs. Present — Blackmar, P. J., Mills, Putnam, Kelly and Manning, JJ.