
    Clinton W. Rider, Appellant, v. Margaret Britton, Respondent.
   Order affirmed, with ten' dollars costs and disbursements. Held, that it appearing by statements in appellant’s brief that the cause was upon the calendar at the term at which th^e order was granted, the court in the exercise of its discretion had the right to make the order appealed from independent of the provisions of rule 31 Of the General Rules of Practice. All concurred, except Spring, J., who dissented upon the authority of Ellensohn v. Keyes (6 App. Div. 601).  