
    John W. Truesdell, as Administrator of John Fitzgerald, Deceased, Respondent, v. Hannie L. Bourke, as Executrix of William L. Bourke, Deceased, Appellant.
    
      Truesdell v. Bourke, 29 App. Div. 95, affirmed.
    (Argued December 6, 1899;
    decided January 9, 1900.)
    Appeal'fi*om an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 25, 1898, reversing a judgment in favor of defendant entered upon a dismissal of the complaint at a Trial Term, and granting a new trial.
    
      Louis Marshall for appellant.
    
      William Kennedy for respondent.
   Order affirmed and judgment absolute ordered for plaintiff on the stipulation, with costs in all courts ; no opinion.

All concur, except Parker, Oh. J., and O’Brien J., dissenting.  