
    The County of Tompkins, Plaintiff, v. Monmouth H. Ingersoll, as Executor of Charles Ingersoll, Deceased, et al., Appellants, and William P. Harrington, Respondent.
    
      County of Tompkins v. Ingersoll, 81 App. Div. 344, affirmed.
    (Submitted December 8,1903:
    decided January 5, 1904.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered April 10, 1903, reversing a judgment in favor of plaintiff and defendants other than the respondent herein, entered upon a decision of the court on trial at Special Term and granting a new trial.
    
      H. A. Denton for appellants.
    
      Randolph Horton and George 8. Tcvrbell for respondent.
   Order affirmed and judgment absolute ordered for respondent on the stipulation, with costs, on opinion below.

Concur: Parker, Oh. J., Gray, O’Brien, Bartlett, Martin and Cullen, JJ. Absent: Haight, J.  