
    WHEELER, Appellant, v. CARR, Respondent
    (Supreme Court, Appellate Division, Fourth Department.
    March 16, 1910.)
    Action by Charles A. Wheeler, as administrator, etc., against Cuyler E. Carr, as executor, etc.
   PER CURIAM.

Order affirmed, with $10 costs and disbursements, on the ground that the court properly exercised its discretion.

SPRING and WILLIAMS, JJ., dissent, upon the ground that the motion was granted on the sole ground that the plaintiff was a nonresident of the state, and not as matter of discretion.  