Majority
p. 717Harry L. Allen, as Trustee of American Railway Brotherhood Association, Incorporated, Appellant, v. Charles Fink, Respondent, and Thirty-nine Other Actions Brought by the Same Plaintiff against Other Defendants.
Orders reversed, with ten dollars costs and disbursements, upon the ground that the defendant had no right to take an order granting to him affirmative relief upon the failure of the plaintiff’s counsel to appeal. All concur. Present — Hubbs, P. J., Clark, Sears, Taylor and Sawyer, JJ.