
    Third Department,
    January, 1916.
    Napoleon Phillips, Respondent, v. Napoleon Yarter, Appellant.
    Appeal from an order of the Supreme Court, made at the Saratoga Special Term and' entered in the office of the clerk of the county of Washington on the 15th day of July, 1915, denying the defendant’s motion fora new trial.
   Per Curiam:

Without entering into an elaborate analysis of the evidence in this case, it may be stated that the plaintiff himself obviously gave false testimony on a material issue involved. This is not even denied and is not satisfactorily explained. Under the circumstances disclosed a judgment.so obtained cannot be permitted to stand without a reflection upon the administration of justice by the courts. The order denying motion for a new trial should be reversed, with ten dollars costs and disbursements to the appellant to abide the event, and motion granted, without costs. All concurred; Cochrane, J., not sitting. Order denying motion for new trial reversed, with ten dollars costs and disbursements to the appellant to abide event, and motion granted, without costs.  