In re Sutcliffe — 25 N.Y.S. 1133

Majority

p. 1133

In re SUTCLIFFE; In re JONES.

(Supreme Court, General Term, Fifth Department.

June 23, 1893.)

Headnote

Judicial settlement of the accounts of Hadley Jones, as assignee for the ben•efit of creditors of William Sutcliffe. From an order denying a motion by Samuel K. Nester to vacate the decree made on the settlement, said Nester appeals.

Argued before DWIGHT, P. J., and LEWIS, MACOMBER, and HAIGHT, JJ.

D. B. Backenstose, for appellant.

E. G. Aiken, for respondent.

Order of the special county judge of Cayuga county appealed from reversed, with costs payable out of the fund, and the motion granted. Opinion by Ma-■somber, J. All concur.

At the request of Macomber, J., the opinion is not published.