
    Arthur Herman, Appellant, v. Thomas Horgan, as Property Clerk of the Police Department of the City of New York, and “John Doe,” Name “John Doe” Being Fictitious, Party Intended Being the Person in Possession of the Property Sought to Be Replevied, Respondents.
   Judgment affirmed, with costs. No opinion. Seudder, Tompkins and Davis, JJ., concur; Lazansky, P. J., and Young, J., dissent on authority of People v. Jennings (257 N. Y. 196).  