
    SMITH, Respondent, v. ROURKE, Appellant.
    (Supreme Court, Appellate Division, First Department.
    November 13, 1896.)
    Action by Elizabeth Yonder Smith against Bernard Rourke.
    G. E. "Waldo, for appellant.
    E. W. S. Johnston, for respondent.
   No opinion. Order reversed, and motion granted upon condition that the defendant pay $10 costs and disbursements of this appeal; the costs of the present motion and costs of the motion precluding him from giving evidence.  