
    David M. Marsh, et al., Appellants, v. Solomon Hexter, et al., Respondents.
    Decided February 14, 1881.
    Appeal from order. John L. Hill, for appellants. A. P. & W. Man, and Chas. C. Protheroe, for respondents.
    Before Freedman and Ingraham, JJ.
   Per Curiam.

“The order appealed from should be modified so as to make the last sentence thereof read as follows: This order shall not be considered as in any way adjudicating any question of fact or law affecting the merits of the action.’ As thus modified the order should be affirmed, without costs.”  