
    GABRIELSON v. WAYDELL et al.
    (Circuit Court of Appeals, Second Circuit.
    April 7, 1896.)
    On petition for rehearing.
    For former report, see 19 C. C. A. 58, 72 Fed. 648.
    Before WALLACE, LA COMBE, and SHIPMAN, Circuit Judges.
   LACOMBE, Circuit Judge.

I see no reason to modify the opinion heretofore rendered by this court, but at the same time wish to express my individual opinion that section 405 of the New York Code has no application to the ease at bar, which was begun, not after, but before, the reversal or termination of the other action.  