The plaintiff accepted a favor from the court upon the express condition that the trial of the action would be proceeded with at once. Having accepted that favor, the plaintiff is not now in a position to repudiate its agreement and to move for further relief. The order appealed from should be affirmed, with ten dollars costs and disbursements. Present — Clarke, P. J., Merrell, Finch, Martin and Burr, JJ. Order affirmed, with ten dollars costs and disbursements.