
    HARRINGTON, Respondent, v. WELCH et al., Appellants.
    (Supreme Court, Appellate Division, Fourth Department.
    March 9, 1910.)
    Action by James H. Harrington against John Welch and another.
   PER CURIAM.

Interlocutory judgment, so far as appealed from, reversed, with costs of the appeal, and judgment modified, by striking out that part which makes the costs allowed the defendants abide the event of the action, and by providing that costs of the defendants be taxed by the clerk of the county of Chautauqua.  