
    Edward Hall, appellant, v. James G. Bennett, as executor, &c., respondent.
    Decided February 4, 1884.
    Appeal from an order made April 16, 1883, denying plaintiff’s motion to direct the clerk to tax plaintiff’s costs and disbursements in this action.
    L. Laflin Kellogg, for appellant;
    John Townshend, for respondent.
   Freedman, J.

As the judgment in this action has been reversed on defendant’s appeal and a new .trial ordered, the appeal of plaintiff from the order of April 16, 1883, should be dismissed without costs to either party. O’Gorman, J., concurred.  