
    MARKEL, Appellant, v. GUMMER, Respondent.
    (Supreme Court, Appellate Division, Fourth Department.
    May 19, 1903
    Action by Edward Markel against Robert Gummer.
   PER CURIAM.

Judgment and order of County Court affirmed, with costs. Held, that section 3063 oí the Code of Civil Procedure, as amended by chapter 553 of the Laws of 1900, so far as it provides for the granting of a new trial, is only applicable where the judgment appealed from is contrary to or against the weight of evidence.  