Majority
p. 633Norris Winslow, as Trustee, etc., Appellant, v. The Carthage, Sacketts Harbor and Watertown Railroad Company and others, Respondents.
Order reversed, with ten dollars costs and disbursements.
Held (1), That an order on motion of one of several defendants directing a discontinuance of an action based upon conflicting affidavits is irregular. (2) Whether the tender was good and effectual should not be determined upon conflicting affidavits.