
    Curtis B. Dall, Respondent, v. Time Incorporated, Appellant.
    Argued May 23, 1928;
    decided July 7, 1938.
    
      
      William D. Whitney, Bruce Bromley, Alexander Hehmeyer and Samuel B. Stewart, Jr., for appellant.
    
    
      Caruthers Ewing and Gustan T. Eitzhugh for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation with costs in all courts. The question of whether the libel here charged is a libel as matter of law is not' before us. No opinion. (See 278 N. Y. 718.)

Concur: Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ. Taking no part: Crane, Ch. J.  