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Edward Young, Jr., as executors of the last will , for respondent. No opinion. Order affirmed, and testament of Adolph F. Braidich, deceased. with $10 costs and disbursements. Order filed.

PER CURIAM. Order resettled nunc pro tunc as of the date of July 23, 1907, to the SMITH et al., Respondents, v. IRVIN et al., extent of striking out the recital in parenthesis Appellants. (Supreme Court, Appellate Diviat folio 31: "A majority of this court concur- sion, First Department. October 25, 1907.) ACring." In other respects, motion to resettle tion by Mary I. Smith and another against denied, without costs, but this without prejudice Mary M. Irvin, individually etc., and others. to proceedings already had on the appeal from F. Woodbridge, for appellants. R. K. Prentice, this court.

for respondents. No opinion. Order affirmed,

with $10 costs and disbursements. Order filed. In re SIMES. _(Supreme Court, Appellate Division, Fourth Department. Sept. 25, 1907.) SMITH, Appellant, V. STORK et al., ReIn the matter of the application of Ernest A. spondents. (Supreme Court, Appellate Division, Simes for an order, etc.

Second Department. October 11, 1907.) Action PER CURIAM. Order modified, so as to al. by Ernst Smith against Emilie C. Stork and low the appellant $300 for services, besides Reba Tyler Jackson, as administratrix of Susan $115.42 for disbursements, and direct payment M. Van Namee, deceased. of the balance, with interest, and, as modified, PER CURIAM. Motion to dismiss appeal a flirmed, with $10 costs and disbursements to granted, with costs, unless the appellant perfect appellant.

the appeal within 20 days and pay the respondMcLENNAN, P. J., and SPRING, J., dis- ents $10 costs. On compliance, motion to dissent.

miss the appeal will be denied, and the case

placed at the foot of the present calendar. SIMMONS, Appellant, NEW YORK

In re SNYDER. (Supreme Court, Appellate CENT. & H.'R. R. CO., Respondent. (Supreme Division, First Department. November 8, 1907.) Court, Appellate Division, Fourth Department. In the matter of Henry B. Snyder. No opinion. October 16, 1907.) Action by Nellie Simmons, Motion to dismiss appeal granted, without costs. as administratrix, etc., against the New York

Order filed. Central & Hudson River Railroad Company. No opinion. Judgment affirmed, with costs.

SNYDER, Respondent, v. DELAWARE, L. SLACK, Respondent, v. NEW YORK CENT. & W. R. CO., Appellant. (Supreme Court, Ap& H. R. R. co., Appellant. (Supreme Court, pellate Division, Third Department. November Appellate Division, Fourth Department. Octo: 13, 1907.) Action by Ernie Snyder, as sole adber 16, 1907.) Action by Will A. Slack against ministratrix, etc., of Jeremiah Snyder, deceased, the New York Central & Hudson River Rail- against the Delaware, Lackawanna & Western road Company. No opinion. Judgment affirm- Railroad Company. No opinion. Judgment and ed, with costs.

order unanimously affirmed, with costs.

SLADE, Appellant, v. DOMINY et al., Re

SOLINGER, Respondent, V. BROOKLYN spondents. (Supreme Court, Appellate Division, HEIGHTS R. 'Co., Appellant. (Supreme Court, Second Department. October 18, 1907.) Action Appellate Division, Second Department. Octoby Fannie Slade against Washington T. Dominy ber 11, 1907.) and others. No opinion. Order affirmed, with by Sidney Lowenthal, his guardian ad litem,

Action by Walter B. Solinger, $10 costs and disbursements.

against the Brooklyn Heights Railroad Com

pany. No opinion. Motion for leave to appeal SLATER, Appellant, v. GRANNEMANN et to the Court of Appeals granted. Settle order al., Respondents. (Supreme Court, Appellate on notice. Division, Third Department. September 26, 1907.) Action by John F. Slater against Louise H. Grannemann and others. No opinion. Mo SPAULDING, Respondent, v. CITY OF tion granted, with $10 costs, unless the appel- NEW YORK, Appellant. (Supreme Court, Aplant, within 10 days, serves on respondent copies pellate Division, Second Department. October of printed papers on appeal and pays $20 costs, 11, 1907.), Action by William Spaulding against in which case motion is denied, without costs. the city of New York. No opinion. Judgment

unanimously affirmed, with costs. SMITH, Respondent, v. BOSTON & M. R. CO., Appellant. (Supreme Court, Appellate Di SPICER, Appellant, v. PEPPER et al., Revision, Fourth Department. October 2, 1907.) spondents. (Supreme Court, Appellate Division, Action by Milo D. Smith against the Boston & Fourth Department. October 19, 1907.) AcMaine Railroad Company. No opinion. Judg- tion by Charlotte Pamelia Spicer against John ment and order affirmed, with costs.

J. Pepper and others.

PER CURIAM. Order amended, so as to diSMITH, Respondent, v. GEORGE RINGLER rect that there be stricken from the third defense & CO., Appellant. (Supreme Court, Appellate the words, "realleges all the allegations hereinbeDivision, First Department. October 25, 1907.) fore set forth in the first and second defenses Action by Gus T. Smith against George Ringler to the complaint herein, the same as though fully & Co. W. Seabury, for appellant. J. M. Mayer, I set forth herein," and, as so amended, atfirmed,

and 140 New York State Reporter without costs, with leave to plaintiff to make In re STREET BETWEEN BAYVIEW a separate motion for bill of particulars. AVE. & ELDERT AVE., IN FIFTH WARD. McLENNAN, P. J., not sitting.

BOROUGH OF QUEENS, IN CITY OF

NEW YORK. (Supreme Court, Appellate DiSPICER, Appellant, v. STRYKER et al., Re- vision, Second Department. October 18, 1977. spondents. (Supreme Court, Appellate Division, In the matter of the street between Bayview Fourth Department.

October 19, 1907.) Ac-avenue & Eldert avenue, in the Fifth Ward. tion by C. Pamelia Spicer against Wilson H. borough of Queens, in city of New York. Stryker and others.

PER CURIAM. The order does not open a PER CURIAM. Order amended, so as to default, but in effect reviews and reversee the direct that there be stricken from the third de order confirming the report of the commissiolfence the words, "realleges all the allegations ers of estimate and assessment. Aside from hereinbefore set forth in the first and second de- the question of power, we do not think the fenses to the complaint herein, the same as papers presented justified the action of the though fully set forth herein," and, as so amend- court at Special Term. The order is reversed, ed, affirmed, without costs, with leave to plain with $10 costs and disbursements, and the mu tiff to make a separate motion for bill of par- tion denied, with costs. ticulars. McLENNAN, P. J., not sitting.

STRUNSKY et al., Respondents, v. MIN

SKY, Appellant. (Supreme Court, Appellate SQUIRE, Appellant, y. ORDEMANN, Re- Division, Second Department. October 11, spondent, et al. (Supreme Court, Appellate Di. 1907.) Action by Maurice I. Strunsky and anvision, First Department. November 8, 1907.) other against Louis Minsky. No opinion. MoAction by Benjamin Squire against Ernst Orde- tion to dismiss appeal denied, with costs. mann, impleaded. L. A. Gould, for appellant. H. H. Glass, for respondent. No opinion.

STUDWELL et al., Appellants, v. PAL Judgment and order affirmed, with costs. Order LISER et al., Respondents. (Supreme Court. filed.

Appellate Division, Second Department. October 4, 1907.) Action by George H. Studweil

and another against Melvin G. Palliser and acSTAIGER, Appellant, v. KLITZ et al., Re- other. No opinion. Judgment affirmed, with

costs. spondents. (Supreme Court, Appellate Division, Second Department. October 4, 1907.) Action by Christopher Staiger against Róbert H. Klitz and another. No opinion. Order affirmed,

SWEENEY, Appellant, V. O'DWYER, Re with $10 costs and disbursements.

spondent. (Supreme Court, Appellate Division.

First Department. November 8, 1907.) STARR V. SPINGARN. (Supreme Court, tion by John Sweeney against Edward F. Appellate Division, First Department. Octo- 1 O'Dwyer. R. Krause, for appellant. W. M. ber 18, 1907.) Action by Michael Starr against Seabury, for respondent. No opinion. JudsSamuel R. Spingarn. No opinion. Motion de- ment affirmed, with costs. Order filed. See 45 nied, with $10 costs. Order filed.

Misc. Rep. 43, 90 N. Y. Supp. 806. STATE BOARD OF PHARMACY, Re SWEET, Appellant, y. SWEET, Respondspondent, V. MATTHEWS et al., Appellants. ent. (Supreme Court, Appellate Division, (Supreme Court, Appellate Division, First De-Fourth Department. September 25, 1907.) A partment. November 8, 1907.). Action by the tion by. D. Bradley Sweet against Fannie 0. State Board of Pharmacy against Gardiner D. Sweet, individually, etc. Matthews and another. E. E. Wise, for appel

PER CUR lants. H. A. Herold, for respondent.

AM. Motion to dismiss appeal

granted, with $10 costs, unless the appellant PER CURIAM. Determination affirmed, shall within 15 days from the date of service with costs. Judgment ordered for plaintiff, of a copy of this order, together with notice of with costs. Order filed. See 52 Misc. Rep. 492, entry thereof, file and serve the printed papers 102 N. Y. Supp. 507.

on appeal, as provided by rule 41, and pay to LAUGHLIN and HOUGHTON, JJ., dissent. the respondent's attorney $10 costs of this mo

tion, in which event said motion is denied. STEPHAN, Appellant, V. KATZ, Respondent. (Supreme Court, Appellate Division, Sec SWEZEY, Respondent, v. VILLAGE OF ond Department. October 4, 1907.) Action by BATAVIA, Appellant. (Supreme Court, App John Stephan against Samuel Katz. No opin- pellate Division, Fourth Department. October ion. Judgment of the Municipal Court affirm- 2, 1907.). Action by Hiram Swezey against tbe ed, with costs.

village of Batavia.

PER CURIAM. Order affirmed, with $10 In re STRANG. (Supreme Court, Appellate costs and disbursements. Division, Fourth Department. October 2, KRUSE, J., dissents, upon the ground that 1907.) In the matter of the judicial settlement it is not shown that the defendant refused or of the accounts of John R. Strang, etc. No willfully neglected to comply with the judgment. opinion. Motion granted, allowing decision to and also that the fine is excessive. be changed so as to give the Geneseo Gospel Society costs of the appeal payable out of the SWEZEY, Respondent. v. VILLAGE OF estate. See 105 N. Y. Supp. 566.

BATAVIA, Appellant. (Supreme Court, Ap

costs.

pellate Division, Fourth Department. October | $10 costs to the respondent, and cause to be i9, 1907.) Action by Hiram Swezey against noticed for argument at the next term of this the village of Batavia. No opinion. Motion court. for leave to the Court of Appeals granted. Order to be settled and questions certified before Mr. Justice ROBSON on two days' notice. TAYLOR, Respondent, v. LISMAN, Appel

lant. (Supreme Court, Appellate Division, TALCOTT V. MORAV. (Supreme Court, Second Department. October 4, 1907.) Action Appellate Division, First Department. Octo- by Elizabeth R. Taylor against Anthony A. ber 18, 1907.) Action by James Talcott against Lisman. John A. Moran. No opinion. Motion granted, PER CURIAM. Judgment and order of the with $10 costs. Order filed.

City Court of Mt. Vernon affirmed, with costs. TALLMAN, Appellant, v. E. F. GOOD

RICH, J., dissents, on the ground that the RICH CO. OF NEW 'YORK, Respondent. plaintiff has failed to establish by a fair preSupreme Court, Appellate Division, Second ponderance of evidence that the defendant reDepartment. October 18, 1907.) Action by

ceived an order to sell at 5142. Charles A. Tallman against the E. F. Goodrich Company of New York.

TAYLOR v. MUNRO. (Supreme Court, ApNo opinion.

October Judgment and order attirmed by default, with 18, 1907.) Action by Lester C. Taylor against

pellate Division, First Department.
Norma L. Munro. No opinion. Motion grant-

ed, with $10 costs. Order filed. TAMBLIN et al., Respondents, v. DONELY

THOMAS, Respondent, V. STORM, et al., et al., Appellants. (Supreme Court, Appellate Appellants." (Supreme Court, Appellate Divi1907.) Action by James I. Tamblin and others Action by Marian H. Thomas against George

sion,

Second Department. October 4, 1907.) against Frank Donely and others.

H. Storm and others. No opinion. Judgment PER CURIAM. Motion to dismiss appeal and order unanimously affirmed, with costs. as to John F. Donely and Frank Donely de. nied, with $10 costs and disbursements. Held THOMPSON V. CARPENTER et al. (Suthat, in order to raise on the merits the ques preme Court, Appellate Division, Third Departtion here presented, the attorneys for the re ment. November 13, 1907.) Action by David spondents should have promptly notified the at- A. Thompson against Jonathan M. Carpenter torney for the appellants that he refused to and others. No opinion. Order affirmed, with recognize his notice of appeal for all defend- $10 costs and disbursements. ants.

THOMPSON, Respondent, v. CITY OF BUF

FALO, Appellant. (Supreme Court, Appellate TANNER, Appellant, v. ECKHARDT et al., Division, Fourth Department. October 16, Respondents. (Supreme Court, Appellate Di- 1907.) Action by Margaret Thompson against vision, Fourth Department. November 13, the city of Buffalo. No opinion. Order allirm1907.) Action by F. J. Tanner, as receiver, ed, with costs. etc., against John Eckhardt and others. No opinion. Judgment affirmed, with costs.

TIFFANY, Respondent, V. ELLIS, AppelTAYLOR, Respondent, v. BENNINGTON lant, et al. (Supreme Court, Appellate DiviCONST. CO., Appellant. (Supreme Court, Ap Action by Henry C. Tiffany against John J.

sion. Fourth Department. October 16, 1907.) pellate Division, First Department. November 8. 1907.). Action by Charles E. Taylor against Ellis, impleaded with others. the Bennington Construction Company. F. V. PER CURIAM, Interlocutory judgment afJohnson, for appellant. F. W. Park, for re-firmed, with costs, with leave to the defendant spondent.

to plead over, upon payment of the costs of PER CURIAM. Judgment and order affirm the demurrer and of this appeal. ed, with costs. Order filed.

WILLIAMS, J., dissents. ROBSON, J., not INGRAHAM and CLARKE, JJ., dissent.

sitting. TAYLOR, Respondent. KREISCHER,

TOBIN, Appellant, v. QUENZER et al., ReAppellant. (Supreme Court, Appellate Division, Second Department. October 4, 1907.)

(Supreme Court, Appellate Divi

spondents. Action by Francis B. Taylor, as receiver, etc., Action by Adaline Gertrude Tobin against Irene

October 18, 1907.)

sion, Second Department. against Stephen N. Kreischer. No opinion. Quenzer and others. No opinion. Final order Judgment of the County Court of Nassau coun

of the Municipal Court afirmed, with costs. ty ailirmed by default, with costs.

THOMPSON BONNEY CO., Respondent, v. TAYLOR, Respondent, v. KREISCHER, 1. S. VAN LOAN CO., Appellant. (Supreme Appellant. (Supreme Court, Appellate Divi- Court, Appellate Division, Second Department. sion, Second Department. October 18, 1907.) October 18. 1907.) Action by the Thompson Action by Francis B. Taylor, as receiver, etc., Bonney Company against the I. S. Van Load against Stephen X. Kreischer. No opinion. Company. No opinion. Judgment of the MuMotion to open default granted, on payment of nicipal Court affirmed, with costs.

v.

and 140 New York State Reporter TOWNSEND et al., Appellants, v. PENDLE | O'Neill, for respondent No opinion. Order TON, Respondent. (Supreme Court, Appellate modified, by inserting therein as a further conDivision, Second Department. October 11, dition that the plaintiff pay all costs of the ac1907.) Action by Emma A. Townsend, individu- tion to date, and $10 costs of motion, and, as so ally and as administratrix, etc., and others, modified, affirmed, without costs. Order filed. against Jennie F. Pendleton, individually and as executrix, etc. No opinion. Motion de

VILLAGE OF FT. EDWARD v. HUDSON nied, with costs.

VALLEY RY. CO. et al. (Supreme Court, TRUSTEES OF VILLAGE OF SARATO-ber 13, 1907.) Action by the village of Ft. Ed

Appellate Division, Third Department. NorenGA SPRINGS, Respondent, V. SARATO- ward against the Hudson Valley Railway Com. GA GAS, ELECTRIC LIGHT & POWER pany and another. No opinion. Order aifirmed, CO., Appellant. (Supreme Court, Appellate with $10 costs and disbursements, on the groued Division, Third Department. September 26, that the defendants have not complied with set 1907.) Complaint of the trustees of the village tion 53 of the public service commission law of Saratoga Springs against the Saratoga Gas, (Laws 1907, p. 920, c. 429). Electric Light & Power Company. No opinion. Application for stay denied.

VILLAGE OF FT. EDWARD, Respondent, TURNER, Appellant, v. QUILLIN et al., v. HUDSON VALLEY RY. CO. et al.Appel

. Respondents. (Supreme Court, Appellate Divi- lants, (Supreme Court, Appellate Division, sion, Second Department. October 18, 1907.) Third Department. November 27, 1907.) A Action by Catherine D. Turner against Helen tion by the village of Ft. Edward against the Elizabeth Quillin and others. No opinion. Hudson Valley Railway Company and another. Judgment atlirmed with costs.

PER CURIAM. Motion for leave to go to

the Court of Appeals.granted, and questions cer. TYLER, Respondent, v. STANDARD WINE tified as follows: "First. Were the defendants CO., Appellant. (Supreme Court, Appellate required by law to obtain from the board of Division, Fourth Department. October 9, 1907.) trustees of the village of Ft. Edward, or from Action by James R. Tyler against the Standard the village of Ft. Edward, consent to construct Wine Company. No opinion. Judgment (102 and maintain the connection in question? Seco N. Y. Supp. 65) affirmed, with costs.

ond. Were the defendants required by law to

obtain from the public service commission, by TYSON, Appellant, v. BOARD OF EDUCA- the provisions of section 53 thereof (Laws 1907, TION OF NEW YORK, Respondent. (Su- p. 920, c. 429), consent of said commission to preme Court, Appellate Division, First Depart. The construction and maintenance of the proment. October 25, 1907.) Action by Frank L. posed connection between the railroads in quesTyson against the board of education of New tion?" York. J. M. Wight, for appellant. T. Connoly, for respondent. No opinion. Judgment affirmed, with costs. Order filed.

In re VILLAGE OF MEDINA. (Supreme

Court, Appellate Division, Fourth Department. UNION SURETY & GUARANTY CO. v. October 16, 1907.) In the matter of the refund GREATER NEW YORK AMUSEMENT CO. of illegal and improper tases to the village of et al.

(Supreme Court, Appellate Division, Medina, etc. First Department. November 8, 1907.) ACtion by the Union Surety & Guaranty Company 1018) affirmed, with costs.

PER CURIAM. Order (103 N. Y. Supp. against the Greater New York Amusement Company and others. No opinion. Motion granted, WILLIAMS, J., dissents. on condition that appellant have its appeal ready for argument at the December term. Set VILLAGE OF SARATOGA SPRINGS. Re tle order on notice.

spondent, V. SARATOGA GAS, ELECTRIC

LIGHT & POWER CO., Appellant. (Supreme VAN DRUTEN v. ROFF. (Supreme Court, Court, Appellate Division, Third Department. Appellate Division, Third Department. Sep- November 27, 1907.) In the complaint of trus tember 26, 1907.) Action by Cornelia Van tees of the village of Saratoga Springs against Druten, an infant, by Mary Van Druten, her the Saratoga Gas, Electric Light & Power Cozguardian ad litem, against Isaac Roff. No opin- pany. ion. Motion denied.

PER CURIAM. Application for leave to go VAN KEUREN, Appellant, v. BROWN, Re question is certified, which, in the opinion of

to Court of Appeals granted. The following spondent. (Supreme Court, Appellate Division, this court, ought to be reviewed by the Court Third Department. November 13, 1907.) tion by Edwin Van Keuren against Joseph P. of Appeals, to wit: “Has there been any ipra. Brown. No opinion. Judgment unanimously

sion of the defendant's constitutional rights in affirmed, with costs.

or by the order appealed from?". VESTRI, Respondent, v. F. W. GESSWEIN VIO CHEMICAL CO., Respondent, v. STUD CO., Appellant. (Supreme Court. Appellate HOLME. Appellant. (Supreme Court, AppelDivision, First Department. November 8, 1907.) late Division, Fourth Department. October 2, Action by John Vestri against the F. W. Gess- 1907.) Action by the Vio Chemical Company wein Company. L. Cohn, for appellant. T. J. I against Foster Studholme.

PER CURIAM. Judgment affirmed, with WATERFORD ELECTRIC LIGHT, HEAT costs. See 103 N. Y. Supp. 463.

& POWER CO., Appellant, v. REED et al., KRUSE, J., dissents.

Respondents. (Supreme Court, Appellate Divi

sion, Third Department. November 13, 1907.) WAKEFIELD et al., Respondents, 5. VIL & Power Company against Kate E. Reed and

Action by the Waterford Electric Light, Heat LAGE OF THERESA, Appellant. (Supreme others. Court, Appellate Division, Fourth Department, September 25, 1907.) Action by James W.

PER CURIAM. Order affirmed, with costs. Wakefield and others against the village of See 47 Misc. Rep. 406, 94 N. Y. Supp. 551. Theresa.

COCHRANE, J., not sitting. PER CURIAM. Motion to dismiss appeal denied, without costs. The remedy of the re

WEIDENMANN, Respondent, v. BISSELL, spondent is to move at Special Term to have Appellant. (Supreme Court, Appellate Division, the case and exceptions declared abandoned.

Fourth Department. November 13, 1907.) ACtion by Adolph Weidenmann against Chas. II.

Bissell. No opinion. Judgment and order at WALDICK, Appellant. v. PRUDENTIAL firmed, with costs. LIFE INS. CO. OF AMERICA et al., Respond

(Supreme Court, Appellate Division, WEINSTEIN V. SINGER MFG. CO. (SuFourth Department. October 9. 1907.). Action preme Court, Appellate Division, First Departby Edward Waldick against the Prudential Life ment. October 18, 1907.) Action by Sofi WeinInsurance Company of America and others. No stein against the Singer Manufacturing Comopinion. Order affirmed, with $10 costs and

pany. No opinion. Motion granted. Order disbursements.

filed.

ents,

WALSH, Respondent, V. NEW YORK CENT. & H. R. R. CO., Appellant. (Supreme WENDEL, Respondent, v. WENDEL et al., Court, Appellate Division, Fourth Department. Appellants (two cases). (Supreme Court, ApNovember 20, 1907.) Action by Martin T. 'pellate Division, First Department. October Walsh against the New York Central & Hudson 25, 1907.) Actions by Georgiana G. R. Wendel, River Railroad Company.

individually, etc., against John G. Wendel and PER CURIANI. Judgment and order revers- others. G. F. Warren, for appellants. A. ed, and new trial ordered, with costs to ap- Thain, for respondent. No opinion. Orders pellant to abide the event, unless the plaintiff, affirmed, with $10 costs and disbursements. within 20 days, stipulates to reduce the verdict Orders filed. to the sum of $50 as of the date of the rendition thereof, in which event the judgment is

WEXLER, Appellant, v. YUDIN, Respondmodified accordingly, and, as so modified, affirmed, without costs of this appeal to either party. ond Department. October 18, 1907.) Action by

ent. (Supreme Court, Appellate Division, SecROBSON, J., dissents, and votes for affirm- Adolf Wexler against Samuel Yudin. No opining

ion. Judgment of the Municipal Court affirmed,

with costs. WARD et al., Appellants, v. KENNEDY et al., Respondents. (Supreme Court, Appellate WIIITAKER, Respondent, v. KILBY et al., Division, First Department. November 8, 'Appellants. (Supreme Court, Appellate Divi1907.) Action by Martin J. Ward and another sion, Fourth Department. November 13, 1907.) against John W. Kennedy and another. D. C. Action by J. K. Whitaker against A. E. Kilby Meyers, for appellants. A. C. Eustace, for re- , and others. No opinion. Order (106 N. Y. spondents. Yo opinion. Judgment and order Supp. 511) affirmed, without costs. (51 Misc. Rep. 422, 101 N. Y. Supp. 524) affirmed, with costs. Order Gled.

In re WHITE. (Supreme Court, Appellate

Division, Third Department. November 21, WARD, Appellant, v. NEW YORK & E. R. Patrick F. White for leave to open and examine

In the matter of the application of FERRY CO.. Respondent. Appellate Division, Second Department. Oeto the contents of the boxes and envelopes of bulber 23, 1907.) Action by Edward J. Ward lots of the four election districts of the Eighth against the New York & East River Ferry Ward of the city of Albany used at the general Company. No opinion. Judgment of the Coun- election held on the 5th day of November, 1907. ty Court of Queens county affirmed, with costs. PER CURIAN. Order modified by striking

out all thereof after the words “at their respecWARRICK. Respondent. v. LYONS NAT. thereof, "and that upon such examination the

I tive places of residence," and inserting in lieu BANK, Appellant. (Supreme Court, Appellate custodian of such boxes may separate and inDivision, Fourth Department. November 13, 1907.) Action by Clara B. Warrick against the ballots therefrom as said petitioner or said

close in unsealed envelope or envelopes such Lyons National Bank.

i Patrick II. McDonald may desire, or claim to PER CURIAM. Judgment and order affirm- be void or marked for identification; that such ed, with costs.

envelopes may be marked by such custodian McLENNAN, P. J., dissents.

as either party may desire, but that the ballots

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