
    Court of Appeals.
    Reported. 159 N. Y. 561.
    Henry H. Lyman, as State Commissioner of Excise of the State of New York, Appellant, v. John C. McGrievey, Respondent.
    
      Lyman v. McGrievey, 25 App. Div. 68, affirmed.
    (Submitted, May 11, 1899;
    decided June 13, 1899.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered Januarv 21, 1898, upon an order affirming a judgment in favor of defendant entered upon a decision of the court dismissing the complaint on trial at Special Term.
    
      M. Nussbaum, for appellant.
    
      Thomas O’Connor, for respondent.
   Judgment and order affirmed, with costs, on the first ground stated in opinion below.

All concur.  