Majority
p. 651James Lennon, Respondent, v. Amasa Miles, Appellant
Judgment and order reversed, ana new trial ordered in the Ontario County Court, with costs to abide the event, unless the plaintiff stipulates within twenty days to deduct from the judgment the sum of five dollars with interest thereon from the first day of December. 1879, to the date of th eentry of judgment, in which case the judgment as so modified and the order are affirmed, with costs to the respondent.