
    (67 Hun, 650.)
    DUFFUS, Respondent, v. SCHWINGER et al., Appellants.
    (Supreme Court, General Term, Fourth Department.
    February 23, 1893.)
    Action by William Duffus against Christoph Schwinger and others.
   No opinion. Order refusing a new trial on the ground of surprise reversed, and a new trial ordered, and judgment and order on minutes vacated upon payment of the costs of the trial by the defendants within 20 days; if such costs are paid, neither party to have costs of the appeal; in case the costs are not so paid, the orders and judgment are affirmed, with costs of appeal from judgment.  