
    M. Fillmore Brown, Resp’t, v. Root, App’lt,
    Sup. Ct., 5 D.
    October 16, 1895.
   No opinion. Order so modified as to permit the judgment of dismissal merely of complaint to remain of record,- iu other respects, and as so modified, affirmed, without prejudice to the right of the defendant, Root, to move at special term for costs of the action. No costs of this appeal to either party.  