
    MAYFORTH, Appellant, v. FOLEY, Sheriff, Respondent.
    (Supreme Court, Appellate Division, First Department.
    October 15, 1909.)
    Action by John C. Mayforth against Thomas F. Foley, Sheriff, etc. A. S. Gilbert, for appellant. J. P. Everett, for respondent.
   PER . CURIAM.

Order affirmed, with $10 costs and disbursements. Order filed.

LAUGHLIN, J.,

dissents, on the ground that in his opinion an alternative writ should issue to determine the duties of the office.  