
    Erastus F. Root, as Sole Overseer of the Poor, etc., Appellant, on the Relation of Arthur C. Fisher et al., Respondents, v. Albert J. Alexander, Respondent.
    (Argued April 17, 1894;
    decided May 1,1894.)
    Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made March 29, 1893, which reversed an order of Special Term granting a motion to dismiss the complaint.
    
      Chcurles II. Brown for appellant.
    
      W. Martin Jones for respondent.
   Agree to affirm on opinion below.

All concur, except Earl and O’Brien, JJ., not voting. Order affirmed.  