
    SAMUEL B. WILLEY, Administrator, Plaintiff, v. IRA SHAVER and another, Defendants.
    
      Award — construction of.
    
    An appeal having been taken to the County Court from a judgment of a justice of the peace, the case was, by consent of the parties, submitted to an arbitrator, who awarded to the plaintiff’s intestate “ the sum of twenty-five dollars, and the costs, if any, recovered by her before Charles Gr. Day, justice.” Reid, that the plaintiff was entitled only to such costs as were owing to the deceased at the time of the award, and that as the costs had already been paid, they could not be recovered a second time upon the award.
    Motion for a new trial on exceptions ordered to be heard in the first instance at the General Term, after a verdict directed by the court.
    
      Jerome Rowe, for the plaintiff.
    
      King & Montgomery, for the defendants.
   Opinion by

Learned, P. J.

Present — Learned, P. J., Boardman and James, JJ.

Motion for new trial denied, and judgment ordered on verdict.  