
    HECLA IRON WORKS, Appellant, v. MILLIKEN et al., Respondents.
    (Supreme Court, Appellate Division, Second Department.
    December 13, 1898.)
    Action by the Hecla Iron Works against Edward P. Milliken and another.
   PER CURIAM.

Order affirmed without costs, on condition that within 10 days the defendants give to the plaintiff a stipulation that, in case of final affirmance of the judgment recovered in the county of New York (Action No. 2) so far as the same relates to the set-off of $1,367.86 pleaded by the defendants in this action, the plaintiff may enter judgment herein, with costs, for its claim and interest as demanded in the complaint; and, second, that the defendants stipulate that they will not prosecute any appeal from such judgment; and, third, that within a like period of 10 days they give a bond with two sufficient sureties to justify, if excepted to, conditioned for the payment of any judgment that' may to entered in this action on the said stipulation or otherwise; and. if such conditions be not complied with within the time aforesaid, then the order appealed from is reversed, with $10 costs and disbursements, and motion denied, with $10 costs.  