Appeal from a judgment entered hy direction of the court and from an order denying a motion for' a new trial.
The legal obligation of the defendant as surety on the lease terminated with the issuance of the warrant by the justice.
.The judgment should be reversed and a, new trial ordered, with costs to the appellant to abide the event.
Fitzsimons and O’Dwyer, JJ., concur.
Judgment reversed and new trial ordered, with costs to appellant to abide the event.