Opinion
March, 1905.
Judgment and order modified by striking out the extra allowance of costs, on the ground of want of power in the Trial Term, and as so modified affirmed, without costs of this appeal. No opinion. Woodward, Jenks, Rich and Miller, JJ., concurred; Hirschberg, P.J., dissented from that portion of the decision striking out the extra allowance, on the ground that the question was not raised in the trial court.