Opinion
November Term, 1900.
Thomas J. O'Neill, for the appellant.
Wilbur L. Ball, for the respondent.
Present — VAN BRUNT, P.J., RUMSEY, PATTERSON, O'BRIEN and McLAUGHLIN, JJ.
The order appealed from must be affirmed. The record before us does not contain the pleadings in the action, nor is there anything in it from which we are able to determine that the plaintiff is entitled to the preference claimed. Such right cannot be inferred solely from the title of the action. ( Roberts v. Jenkins, 52 App. Div. 491.)
The order must be affirmed, with ten dollars costs and disbursements.
Order affirmed, with ten dollars costs and disbursements.