
    George C. White, Respondent, v. Fred H. Ponty and Another, Appellants, Impleaded with Others, Defendants.
   The plaintiff having stated in this court that he waived so much of his demand for relief in the complaint as prays for the removal of the roller-coaster and merry-go-round, that portion of the demand for relief is stricken out. The complaint as thus amended is clearly one for equitable relief, and triable by the court without a jury. The order as so modified is affirmed, without costs. Kelly, P. J., Jaycox, Manning and Young, JJ., concur; Kapper, J., not voting.  