Opinion
July Term, 1896.
Present — Barrett, Rumsey, Patterson and Ingraham, JJ.
Order reversed, with ten dollars costs and disbursements, and motion for preference granted. —
This order must be reversed. The notice of claim of preference and that it would be moved for at the opening of the court was duly given. It was served with the notice of trial and was sufficient to satisfy the statute. The special notice was given pursuant to and in consequence of the adoption of Rule 3 of the Trial Term rules of this court.