
    Henry H. Lyman, as State Excise Commissioner of the State of New York, Appellant, v. John C. McGreivey, Respondent.
    
      Lymnn v. MaGrievey, 25 App. Div. 68, affirmed.
    (Submitted May 11, 1899;
    decided June 13, 1899.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 21, 1898, upon an order affirming a judgment in favor of defendant entered upon a decision of the court dismissing the complaint on trial at Special Term.
    
      M. Nusshamm for appellant.
    
      Thomas O' Connor for respondent.
   Judgment and order affirmed, with costs, on the first ground stated in opinion below.

All concur.  