Majority
p. 1133The Barnard Mfg. Co., App’lt, v. John Quackenbush, Resp’t.
Judgment of Herkimer county court, so far as it modifies the verdict and judgment of the justice’s court, reversed and the judgment of justice’s court affirmed, with costs to the plaintiff or respondent in the county court, and the appeal of the plaintiff to the county court dismissed, with ten dollars costs to the defendant-respondent in the county court; the costs to be offset. The order for re-taxation reversed and the taxation vacated, neither party to have costs in this court on this appeal.