Opinion
April, 1905.
In view of the appeals then pending and of the merits, we think that the order of September 29, 1904, should be reversed, with ten dollars costs and disbursements, and the motion to vacate the ex parte order should be granted, with ten dollars costs. Hirschberg, P.J., Bartlett, Woodward and Jenks, JJ., concurred; Hooker, J., not voting.