
    Horace L. Bennett, Appellant, v. John Adams Dix and Others, Respondents.
   Order affirmed, with ten dollars costs and disbursements, upon the authority of Herzog v. Marx (58 Misc. Rep. 856) and Howell v. Wallace (37 App. Div. 323), without prejudice to an application by the plaintiff, if so advised, to settle issues for trial by jury. All concurred.  