Majority
p. 638Charles B. Crowell, Respondent, v. Lidie S. Crowell, Appellant.
Order affirmed, with ten dollars costs and disbursements.—
The stipulation obviously contemplated a speedy trial, which had, however, been evaded, and defendant showed no eagerness to bring it on. Under the circumstances, the plaintiff had a right to regard the stipulation as abandoned, and move the trial. The proper county was Queens, and when defendants objected to Kings county, the Special Term judge properly ordered it to be tried here. Order affirmed, with ten dollars costs and disbursements.
Brown, P. J., and Dykman, J., concurred.