Majority
p. 1118TYSON, Respondent, v. JOSEPH H. BAULAND CO., Appellant. (Supreme Court, Appellate Division, Second Department. July 28, 1904.)
Headnote
Action by Eliza Tyson against the Joseph H. Bauland- Company.We think that the record on the appeal should contain only the evidence which was received against the sole appellant. The order refusing to resettle the case is accordingly reversed, with $10 costs and disbursements, and the proceedings remitted to the justice by whom the case was tried for resettlement in accordance with this decision.