
    DOYLE, Respondent, v. CARNEY, Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    November 21, 1906.)
    Action by Martin J. Doyle, individually, etc., against Patrick H. Carney, executor, etc.
   PER CURIAM.

Judgment and order affirmed, with, costs.

WILLIAMS and NASH, JJ.,

dissent, upon the ground that the court had no power to grant the amendment bringing in a new party to the action, and upon the further ground that, having brought in such party, the court had no right to make the certificate which granted costs against the defendant executor, for the reason that as to the new party no claim was ever presented or rejected, and could not therefore have been unreasonably resisted.  