
    Henry B. Sewell, Respondent, v. Aaron M. Lathrop, Appellant.
   — Order modified by striking out the words “ with costs to abide the event ” and inserting in lieu thereof the words “upon payment of the cests of the trial; if such costs are not paid within twenty days the motionfor a new trial denied,with costs,” and, as so modified, affirmed, without costs of the appeal to either party. (See Bailey v. Park, 5 Hun, 41; Comstock v. Dye, 13 id., 113; Kelly v. Frazier, 27 id., 314; Roney v. Aldrich, 44 id., 320.)  