
    STATE BANK OF MAYVILLE, Respondent, v. HOWARD, Appellant, et al.
    (Supreme Court, Appellate Division, Fourth Department.
    November 29, 1911.)
    Action by the State Bank of Mayville against Edward T. Howard, impleaded with another.
   PER CURIAM.

Judgment reversed, and new trial granted, with costs to appellant to abide event. Held, that the judge, upon the record, struck out all the evidence of the witnesses, which was error. Some of the evidence given by Jennings was clearly competent, and should have been allowed to stand.  