
    Wilber S. Peck and another, Appellants, v. Isaac P. Powers, Respondent.
   Order appealed from reversed, with ten dollars costs and disbursements, and leave given to defendant to renew the motion on payment of costs. Held, chat in an affidavit as to the materiality of witnesses, etc., it is not necessary to aver that the advice of counsel was given after the statement to him of what is expected to be proved by the witnesses.  