
    Daniel H. Deyoe, App’lt, v. Herbert J. Woodworth et al., Resp’ts.
    
      (Supreme Court, General Term, Third Department,
    
    
      Filed July 8, 1893.)
    
    Appeal from a judgment in favor of defendants, rendered upon a trial before the court, a jury having been waived. Action upon a bond given by the defendant Woodworth as deputy sheriff to plaintiff as sheriff, providing for a division of fees received by him.
    
      Gayley, Baucus & Fleming (Edgar T. Brackett, of counsel), for app’lt; T. F. Hamilton, for resp’ts.
   Herrick, J.—This

is a companion case to Deyoe v. Ewen, deat term court, are same.

The judgment appealed from is affirmed, with costs.

Mayham, P. J., and Putnam, J., concur.  