
    David McCosker et al., Respondents, v. Emanuel Smith, Appellant.
    (Argued May 23, 1892;
    decided June 7, 1892.)
    Appeal from order of the General Term of the Supreme Court in the third judicial department, made February 3,189Í, which affirmed an order of Special Term denying a motion to-set aside and strike out the amended complaint herein.
    
      Clark I. Jordan for appellant.
    
      Hcurward J)udley for respondents.
   Agree to affirm on opinion below.

All concur.

Order affirmed.  