
    MAYTHAM, Respondent, v. EDDY, Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    March 12, 1913.)
    Action by Mary T. Maytham against Elizabeth A. Eddy.
   PER CURIAM.

Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs. Held, the action having proceeded to trial with the evidence closed and ready for submission to the court for its determination, the order transferring the cause to the jury calendar was unauthorized, and in any event, upon the pleadings as they now stand, plaintiff is not entitled to a jury trial.

McLENNAN, P. J.,

dissents, upon the ground that the discretion of the court at Special Term was properly exercised.  