
    Carlotta Herrmann, Appellant, v. George Herrmann, Respondent.
   As the evidence is not returned, there can be no review upon the merit's. The trial court had jurisdiction to set aside the verdict and to hear and determine the case upon the merits. The judgment is affirmed, with costs. Hirschberg, P. J., Woodward, Jenks and Hooker, JJ., concurred.  