
    The County of Erie, Appellant and Respondent, v. Jacob W. Diehl et al., Respondents and Appellants.
    
      County of Erie y. Diehl, 129 App. Div. 735, affirmed.
    (Argued June 8, 1909;
    decided October 5, 1909.)
    Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 25, 1909, modifying and affirming as rnodified a judgment in favor of plaintiff entered upon a decision of the court on trial at an Equity Term in an action to recover upon a county treasurer’s bond.
    
      Philip A. Laing and Thomas A. Sullivan for plaintiff, appellant and respondent.
    
      W. C. Carroll for defendants, respondents and appellants.
   Judgment affirmed, without costs, on opinion of Spring, J., below.

Concur: Cullen, Ch. J., Edward T. Bartlett, Willard Bartlett and Chase, JJ. Dissenting: Gray, Haight and Vann, JJ.  