
    Ellen E. Warner, Respondent, v. Franklin S. Holmes, Appellant.
   This order for the taking of- deposition of a person-not a party cannot s.tand, for it was granted at Special Term instead of by a judge; the affidavits presented were insufficient in material matters, and the order itself is indefinite, if not defective. The order is reversed, with ten dollars costs and disbursements, and the motion is denied, with ten dollars costs. Woodward, Jenks, Hooker, Rich and Miller, JJ., concurred.-  