
    Winslow, Appellant, v. Carthage, S. H. & W. R. Co. et al., Respondents.
    
      (Supreme Court, General Term, Fourth Department.
    
    May 13, 1892.)
    Action by Norris Winslow, trustee, against the Carthage, Sackett Harbor & Western Railroad Company and others.
   No opinion. Order reversed, with $10 costs and disbursements. Held, (1) that an order on motion of one of several defendants directing a discontinuance of an action based upon conflicting affidavits is irregular; (2) whether the tender was good and effectual should not be determined upon conflicting affidavits.  