Order modified by striking there from the condition that the -costs should be paid out of the judgment to be recovered, and as so modified affirmed, without-costs. No opinion. Woodward, Jenks, Hooker, Gaynor and Rich, jj.,, concurred. ■ i .
Order modified by striking there from the condition that the -costs should be paid out of the judgment to be recovered, and as so modified affirmed, without-costs. No opinion. Woodward, Jenks, Hooker, Gaynor and Rich, jj.,, concurred. ■ i .