
    MARTIN TIMAN, Administrator, &c., Respondent, v. THOMAS E. KINNEY, Appellant.
   Judgment reversed, and new trial ordered before another referee, costs to abide event, unless plaintiff shall consent to reduce the amount of the judgment by the sum of $100, with interest thereon, from the time of the commencement of the suit, in such event the judgment, as so modified, is affirmed, without costs of this appeal to either party.  