Majority
p. 949Russell, Appellant, v. Randall, Respondent. (Supreme Court, General Term, Fifth Department. June 19, 1890.)
No opinion. Memorandum of decision amended so as to read as follows: Grder appealed from reversed on a question of law, with $10 costs and disbursements, without prejudice to the defendant’s renewal of the motion for a new trial on the ground of newly-discovered evidence on a case made and settled for that purpose. Order entered to be amended accordingly. See 9 N. Y. Supp. 327 .