Opinion
May, 1910.
Present — Ingraham, P.J., Laughlin, Clarke, Scott and Miller, JJ.
The order appealed from should be modified so as to direct the referee to take proof of the matters alleged in the answer, as well as the petition, and by directing the referee to report the evidence taken by him, and as so modified affirmed, with ten dollars costs and disbursements against the appellant.
Order modified as directed in opinion, and as so modified affirmed, with ten dollars costs and disbursements to respondent.