
    Edgar L. Ridgway, as Administrator, etc., Resp’t, v. Charles P. Bacon, Impleaded, etc., App’lt.
    (Supreme Court, General Term, First Department.
    November 16, 1894.)
   Van Brunt. P. J.

Whatever might have been my opinion, upon the questions raised by this appeal had this case not been before this couit before, it seems to me that these questions have been determined adversely to the appellant upon the previous appeal, and such adjudication must be followed. The interlocutory judgment appealed from must therefore be affirmed, with leave to the appellant, upon payment of the costs of this appeal, and of the court below, to withdraw his demurrer and answer.  