
    Norris Winslow, Trustee, App’lt, v. The Carthage, Sacketts Harbor & Western R. R. Co. et al., Resp’ts.
   Order reversed, with ten dollars costs and disbursements. Held, (1) that an order on motion of one of several defendants directing a discontinuance of an action based upon conflicting affidavits is irregular; (2) whether the tender was good and effectual should not be determined upon conflicting affidavits.  