
    Gervase N. Hubbard, Respondent, v. Dan Banker and Others, Appellants.
   Order affirmed, with ten dollars costs and disbursements. All concur. (The order denies defendants’ motions for summary judgment and grants plaintiff’s motion to strike out defendants’ answers and for summary judgment, directing an assessment of damages, in an action for damages sustained by plaintiff by reason of a malicious prosecution and misuse of process in a civil action.) Present — Crosby, P. J., Cunningham, Dowling, Harris and MeCurn, JJ.  