
    CENTURY MERCANTILE CO., Respondent, v. HEERAN, Sheriff, Appellant.
    (Action No. 2).
    (Supreme Court, Appellate Division, Third Department.
    May 2, 1906.)
    Action by the Century Mercantile Company against Matthew A. Heeran, late sheriff of Rensselaer county.
   PER CURIAM.

Interlocutory judgment affirmed, with costs, with usual leave to defendant to withdraw demurrer and answer, upon payment of costs of demurrer and .of this appeal.

CHESTER, J., dissents. PARKER, P. J., not voting.  