
    TYSON, Respondent, v. JOSEPH H. BAULAND CO., Appellant.
    (Supreme Court, Appellate Division, Second Department.
    July 28, 1904.)
    Action by Eliza Tyson against the Joseph H. Bauland- Company.
   PER CURIAM.

We think that the record on the appeal should contain only the evidence which was received against the sole appellant. The order refusing to resettle the case is accordingly reversed, with $10 costs and disbursements, and the proceedings remitted to the justice by whom the case was tried for resettlement in accordance with this decision.  