
    WARNER, Respondent, v. HOLMES, Appellant.
    (Supreme Court, Appellate Division, Second Department.
    October 12, 1906.)
    Action by Ellen E. Warner against Franklin S. Holmes.
   No opinion. This order for the taking of depo. sition of a person not a party cannot, stand, for it was granted at Special Term, instead of by a judge, the affidavits presented were insufficient in material matters, and the order itself is indefinite, if not defective. The order is reversed, with $10 costs and disbursements, and the motion is denied, with $10 costs.  