As the decisions of the general term of this court, in 1 E. D. Smith, 615, decided in December, 1852, and in Lighter v. Haskins, decided in November, 1849, are in direct conflict with a decision of the general term of the Supreme Court in Robinson v. West, (11 Barb. 309), decided in June, 1852, and overruling the decision of the general term of the Superior Court in same case, (1 Sandf. 19), we think that this is a proper case to go to the Court of Appeals.
Motion granted.