For the reasons assigned in the opinion in the case of Thomson v. Perkins (decided herewith) 57 N. Y. Supp. 810, the order appealed from should be reversed, with $10 costs and disbursements, and the motion granted, with $10 costs to abide the event.
For the reasons assigned in the opinion in the case of Thomson v. Perkins (decided herewith) 57 N. Y. Supp. 810, the order appealed from should be reversed, with $10 costs and disbursements, and the motion granted, with $10 costs to abide the event.