Opinion
Submitted October 7, 1909
Decided October 26, 1909
James S. Havens for appellant.
Vernon Cole for respondent.
Appeal dismissed, with costs, upon the ground that the answer to the question certified to us does not necessarily determine as a matter of law whether the order should have been granted or denied; no opinion.
Concur: CULLEN, Ch. J., EDWARD T. BARTLETT, HAIGHT, VANN, WILLARD BARTLETT, HISCOCK and CHASE, JJ.