
    Samuel H. Pierie, Appellant, v. Horace W. Smith et al., Respondents.
    
      Pierie v. Smith, 109 App. Div. 911, affirmed.
    (Argued November 26, 1906;
    decided December 11, 1906.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 27, 1905, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term in an action to recover for timber cut upon plaintiff’s lands and to restrain future cutting.
    
      .1. II. Ford for appellant.
    
      J. Franh La Rue and Joseph Atwell for respondents.
   Judgment affirmed, with-costs; no opinion.

Concur: Cullen, Ch. J., Edward T. Bartlett, Haight, V ann, Willard Bartlett and Chase, JJ. Absent; O’Brien, J.  