Judgment and order of Special Term and judgment of Municipal Court of the city of Buffalo reversed and a new trial ordered in said Municipal Court, with costs in all courts to appellant to abide event. New trial to be had on Tuesday, June 9, 1908, at ten o’clock in the forenoon. Held, that *924the determination hy the Municipal Court was a nonsuit and not a decision upon the merits, and as such was unauthorized. All concurred.