
    CAUGHEY v. SMITH.
    (Supreme Court, Appellate Division, First Department.
    June 26, 1908.)
    Action by Clemens J. Caughey against Thomas M. Smith. From an order awarding a preference, defendant appeals.
    Modified.
    Eugene L. Sykes, for appellant. Edmund F. Harding, for respondent.
   PER CURIAM.

The order should be modified, so as to award this action a preference over other issues noticed for the same term, and, as modified, affirmed, without costs.  