
    Nicholas Espenscheid, as Administrator, etc., and in Person, as Heir-at-Law, etc., Appellant, v. Frederick Espenscheid et al., Respondents.
    (Submitted February 1, 1897;
    decided February 9, 1897.)
    Motion to prefer, under subdivision 5, section .791 of the Code of Civil Procedure, on the ground that an administrator is the sole plaintiff.
    
      S. K. & B. C. Williams for motion.
   Motion denied on authority of Haux v. The Dry Dock Savings Institution (150 N. Y. 581), with ten dollars costs.  