
    George E. Tucker, Respondent, v. Emory W. Abbott, Impleaded, etc., Appellant.
    (Argued December 4, 1890;
    decided December 16, 1890.)
    Appeal from order of the General Term of the Supreme Court in the third judicial department, made May 1, 1888, "which reversed a judgment in favor of defendant and granted a new trial.
    
      V. P. Abbott for appellant.
    
      O. IT. Walts for respondent.
   Agree to affirm order, and judgment absolute ordered for plaintiff on stipulation; no opinion.

All concur, except Eabl, J., not voting.

Order affirmed and judgment accordingly.  