
    Marcus W. Conkling, Appellant, v. Gerrit Forbes, Defendant, and William H. Smith, Respondent.
   Order modified so as to permit the plaintiff, upon payment of twenty dollars costs, and also ten dollars costs, and the disbursements here, to make and serve an amended complaint within twenty days, and as so modified affirmed; and, if said amended complaint be so served, then the judgment is reversed, and otherwise affirmed, with costs and disbursements. Jenks, P. J., Stapleton, Mills and Rich, JJ., concurred.  