
    POLLARD, Appellant, v. HEBARD, Respondent.
    (Supreme Court, Appellate Division, Second Department.
    June 14, 1901.)
    Action by Susan E. Pollard against Frederick Hebard.
   PER CURIAM.

Judgment of the municipal court reversed, and new trial ordered, costs to abide the event, on the ground that, as the defendant had not rested the case, the municipal justice could not decide the controversy on the merits, but was limited to granting the defendant’s motion for a nonsuit; there being evidence on the part of "the plaintiff sufficient to establish a prima facie case.  