
    Orville H. Smith, Respondent, v. Daniel Miller, Appellant.
    
      Trespass — removal of stone from premises — proof of title.
    
    
      Smith v. Miller, 180 App. Div. 915, affirmed.
    (Argued November 23, 1920;
    decided December 7, 1920.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 17, 1917, affirming a judgment in favor of plaintiff entered upon a verdict. The action was for trespass, the complaint alleging that defendant had entered upon plaintiff’s premises and removed therefrom a quantity of stone. Defendant contended that plaintiff had failed to show sufficient title or possession of the premises to enable him to maintain the action.
    
      Charles D. Newton, Attorney-General (John 0. Bates of counsel), for appellant.
    
      William M. Gallagher for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Collin, Hogan, McLaughlin, Crane and Andrews, JJ.  