
    CUMMINGS, Respondent, v. TINKER, Appellant, et al.
    (Supreme Court, Appellate Division, Fourth Department.
    October 17, 1902.)
    Action by Grace A. Cummings against Adal-bert D. Tinker, impleaded, etc.
   PER CURIAM.

Judgment reversed, and new trial ordered, with costs to the appellant to abide the event. The merits of this controversy are not passed upon; the reversal of the order rendering it unnecessary to do so at this time.

HISCOCK, J., dissents.  