
    John H. Seward, Respondent, v. Augustus G. Wales, as Sheriff of Broome County, Appellant.
    (Submitted April 22, 1901;
    decided May 7, 1901.)
    
      Seward v. Wales, 40 App. Div. 539, affirmed.
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 16, 1899, reversing a judgment in favor of defendant entered upon a dismissal of the complaint and granting a new trial.
    
      W. W. Newell for appellant.
    
      T. B. & L. M. Merchant for respondent.
   Order affirmed and judgment absolute ordered for plaintiff on the stipulation, with costs, on opinion below.

Concur: O’Brien, Bartlett, Martin, Yann and Cullen, JJ. Not sitting : Parker, Oh. J., and Landon, J.  