
    CLARK v. PHILLIPS. MAHANA v. SAME.
    (Supreme Court, Appellate Division, Fourth Department,
    January 18, 1911.)
    Actions by George Clark arid by Jane Mahana against Frank Phillips.
   PER CURIAM.

Orders (65 Misc. Rep. 166, 119 N. Y. Supp. 360) affirmed, with $10 costs and disbursements.

KRUSE, J.,

dissents, upon the ground that the order for examination appears upon its face to have been made under article 1, title 3, c. 9, §§ 870-886, of the Code of Civil Procedure. 'Such an order can only be made by a I judge, and not by the court. If the order was incorrectly entered, it should have been resettled before the judge who presided at the court •that made it.  