
    PENFOLD, Appellant, v. GAUL, Respondent.
    (Supreme Court, Appellate Division, Fourth Department.
    October 18, 1904.)
    Action by James C. Penfold against William Gaul.
   PER CURIAM.

Judgment of County Court reversed, and judgment of justice’s court affirmed, with costs in County Court and upon this appeal to the plaintiff, appellant. Held, that affidavits could not be considered upon the hearing of the appeal, and the return does not show facts sufficient to authorize a reversal of the judgment of the justice’s court.  