Majority
p. 1151(67 Hun, 650.) DUFFUS, Respondent, v. SCHWINGER et al., Appellants. (Supreme Court, General Term, Fourth Department. February 23, 1893.)
Headnote
Action by William Duffus against Christoph Schwinger and others.No opinion. Order refusing a new trial on the ground of surprise reversed, and a new trial ordered, and judgment and order on minutes vacated upon payment of the costs of the trial by the defendants within 20 days; if such costs are paid, neither party to have costs of the appeal; in case the costs are not so paid, the orders and judgment are affirmed, with costs of appeal from judgment.