
    William Watson, App’lt, v. Albert Benz, Resp’t.
    Appeal from judgment of Queens county court for defendant.
   Pratt, J.

The case of Zoller v. Smith, 45 Hun, 319; 12 N. Y. State Rep., 438, sustains the ruling of the county judge.

If any change is to be made in the rule it must be done by the legislature.

Order affirmed, with ten dollars costs and disbursements.

Barnard, P. J., and Dykman, J., concur.  