
    JOHN LEHMAIER, et al., Plaintiffs and Appellants, v. ALMON W. GRISWOLD, Defendant and Respondent.
    I. INQUEST TAKEN FOR WANT OF AN AFFIDAVIT OF MERITS, WHERE ONE IS REQUIRED—
    1. Discretion.—The setting aside of such an inquest on terms is in the discretion of the Court at Special Term.
    H. ORDER RESTING IN DISCRETION—
    1. Can be reviewed only when it appears that there was an abuse of discretion.
    Before Curtis and Sedgwick, JJ.
    
      Heard June, 1875;
    
      Decided August 3, 1875.
    
      Lewis Sanders, for appellant.
    
      Charles Lee Clarke, for respondent.
     