
    McCORMACK Appellant, v. LEFFIN et al., Respondents.
    (supreme Court, Appellate Division, Fourth Department.
    January 9, 1907)
    Action by William V. McCormack agivins' Robert F. Leffia and another.
   PER CIJRIAM.

Order `affirmed, with $1 costs and disbursements.

WILLIAMS, J:,

dissents, on the ground tba there was no evidence of any such default a provided for by the statute, that there was a evidence that the default was satisfactorily es cused, and no evidence that manifest injustic had been done.  