
    COCHRANE v. CORNWELL et al.
    (Supreme Court, Appellate Division, Third Department.
    March 13, 1914.)
    Action by William Cochrane against Hannah W. Cornwell and others.
   PER CURIAM.

Order reversed, with $10 costs and disbursements, and motion denied, without costs, upon the ground that upon the perfection of the appeal for a new trial the judgment of the justice’s court ceases to be of any force, and the respondent’s only remedy is to secure a judgment upon the new trial or a dismissal of the appeal, and to rely upon the undertaking given upon the appeal. Miller v. City of Buffalo, 129 App. Div. 833, 113 N. Y. Supp. 1056; Burns v. Howard, 9 Abb. New Cases, 324.  