
    Jacob Ruess, Respondent, v. Abbie L. Ewen, Appellant.
    
      Ruess v. Ewen, 34 App. Div. 484, affirmed.
    (Submitted December 14, 1900;
    decided January 8, 1901.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made November 11, 1898, reversing a judgment in favor of defendant entered upon the report of a referee and granting a new trial.
    
      Tallmadge W. Foster for appellant.
    
      Edward F. Sprague and William H. Stockwell for respondent.
   Order affirmed and judgment absolute ordered for plaintiff on the stipulation, with costs, on opinion below. .

Concur : Parker, Ch. J., Gray, O’Bbien, Haight, Landon, Cullen and Werner, JJ.  