
    Benjamin Desbecker et al., Respondents, v. James A. McFarline, as Sheriff of Wyoming County, Appellant.
    
      Desbecker v. McFarline, 42 App. Div. 455, affirmed'.
    (Argued March 25, 1901;
    decided April 16, 1901.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 11, 1899, affirming a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term without a jury.
    
      Abraham Benedict for appellant.
    
      Simon Fleischmann and Louis E. Desbecker for respondents.
   Judgment affirmed, with costs, on opinion lielow.

Concur: Gray, O’Brien, Haight, Landon, Cullen and Werner, JJ. Taking no part: Parker, Ch. J.  