
    NEHEMIAH RAPLEE, Appellant, v. STEPHEN T. ARNOT, Respondent.
    Appeal from a judgment in favor of the defendant, entered on the decision of a judge, at the Tates county Special Term.
    The court, after consideration of the evidence in the case, concluded that the pleadings precluded a consideration of the case as it was really presented by the evidence, and that the General Term was not at liberty on this appeal to make so radical a change in the nature of the action as would justify a reversal of the judgment.
    
      
      J. McGuire and William Rumsey, for the appellant.
    
      George B. Bradley, for the respondent.
   Opinion by

Gilbert, J.

Judgment affirmed, without prejudice to any other action or proceeding.  