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RICHARD, Respondent, v. MATHEWS, Ap In re ROELKER. (Supreme Court, Appel. pellant. (Supreme Court, Appellate Division, late Division, Second Department. April 30, Second Department. April 23, 1909.) Action 1909.) In the matter of the application of Al by Louis Richard against Gustave X. Mathews. fred Roelker, Jr., for license and permission to No opinion. Judgment and order affirmed, with practice as an official examiner of title. No costs.

opinion. Application granted, and bond ap

proved. RICHARDSON, Appellant, V. BOSTOCK, Respondent. (Supreme Court, Appellate Divi ROLLSON, Appellant, V. PECK, Respondsion, Second Department. April 23, 1909.) Acent. (Supreme Court, Appellate Division, Third tion by Anna Richardson against Frank C. Bos- Department. May 5, 1909.) Action by Maggie tock. No opinion. Judgment affirmed on argu- Rollson against Harriet R. Peck. ment, with costs.

PER CURIAM. Judgment and order affirmed,

with costs.
In re RICHARDSON'S ESTATE. (Supreme KELLOGG, J., dissents.
Court, Appellate Division, First Department.
April 8, 1909.) In the matter of the estate of
Emma J. Richardson, deceased. No opinion.

ROSENBERG, Respondent, v. STUTZBACH Judgment affirmed, with costs. Order filed. et al., Appellants. (Supreme Court, Appellate

Division, Second Department. April 23, 1909.)

Action by Charles Rosenberg against Otto Stutz. RINDSKOPF, Respondent, V. GRITZ et al., bach and another. No opinion. Judgment of Appellants. (Supreme Court, 'Appellate Division, the Municipal Court affirmed, with costs. Second Department. April 23, 1909.) Action by Henry P. Rindskopf against David Gritz and another. No opinion. Judgment of the Municipal

ROSENBLATT, Appellant, v. CITY OF Court affirmed, with costs.

NEW YORK, Respondent, (Supreme Court,
Appellate Division, First Department. April 8

1903.) Action by Albert Rosenblatt against RITCHEY, Appellant, v. PAKAS, Respond the City of New York. S. Greenbaum, for appelent. (Supreme Court, Appellate Division, Sec- lant. T. Connoly, for respondent. No opinion. ond Department. May 7, 1909.) Action by Judgment affirmed, with costs. Order filed. Daniel P. Ritchey against Solomon L. Pakas. No opinion. Order setting aside verdict and granting new trial unanimously affirmed on ar

RYAN, Appellant, v. FRANKLIN et al., Re gument, with costs.

spondents. (Supreme Court, Appellate Division, First Department. May 7, 1909.) Action by

Thomas J. Ryan against William B. Franklin In re ROBBINS et al. (Supreme Court, Ap- and others. 8. C. Smyth, for appellant. G. G. pellate Division, Second Department. April 30, Battle, for respondents. No opinion. Judgment 1909.) In the matter of the application of Clar- affirmed, with costs. Order filed. ence H. Robbins and others, executors, and trustees, etc., to have determined an attorney's lien, etc., with Clarence C. Ferris as lienor. No opina SALZ, Appellant, v. STERN et al., Respondion. Order (61 Misc. Rep. 114, 112 N. Y. Supp. ents. (Supreme Court, Appellate Division. Seine 1032) affirmed, with $10 costs and disbursements. ond Department. April 23, 1909.) Action by

Frank Salz against David Stern and others.

No opinion. Interlocutory judgment affirmed by ROCKLAND LAKE TRAP ROCK CO., Re-default, with costs. spondent, v. NEW YORK, N. H. & H. R. CO., Appellant, et al. (Supreme Court, Appellate Division, Second Department. April 23, 1909.)

SATCHEL, Respondent, v. BROOKLYN Action by the Rockland Lake Trap Rock Compa- HEIGHTS R. CO., Appellant. (Supreme Court, ny against the New York, New Haven & Hart- Appellate Division, Second Department. May 7, ford Railroad Company and another. No opin- 1909.), Action by Walter Satchel, an infant, etc ion. Judgment affirmed, with costs.

against the Brooklyn Heights Railroad Company.

PER CURIAM. Judgment and order affirm

ed, with costs. ROCKMORE, Respondent, V. DENIKE et

BURR, J., dissents. al., Appellants. (Supreme Court, Appellate Division, Second Department. April 23, 1909.) Action by Abraham Rockmore against Mary T.

SAUTER, Respondent, v. HERNANDEZ, APDenike and another. No opinion. Judgment pellant. (Supreme Court, Appellate Division, of the Municipal Court affirmed, with costs.

Second Department April 30, 1909.) Action by Karl Sauter against Walter Hernandez. No

opinion. Judgment of the Municipal Court unanRODZBORSKI, Respondent, v. AMERICAN | imously affirmed, with costs. SUGAR REFINING CO., Appellant. (Supreme Court, Appellate Division, Second Department. April 23, 1909.) Action by John Rodzborski SCARSDALE PUB. CO.-THE COLONIAL against the American Sugar Refining Company. PRESS v. COLLIER et al. (Supreme Court,

1909.) Appeal from Special Term, New York, and another, copartners, etc., under name of County. Action by the Scarsdale Publishing Schoonmaker & Rice, against Henry Steers, InCompany-The Colonial Press against Peter F. corporated. Collier and another. From an order granting a PER CURIAM. motion to vacate an ex parte order for examina-costs and disbursements.

Order affirmed, with $10 tion of one of the defendants, plaintiff appeals.

SMITH, P. J., dissents. See, also, 128 App. Reversed, and motion denied. Henry Staton.

Div. 655, 113 N. Y. Supp. 257. for appellant. John V. Judge, for respondents.

PER CURIAM. Upon the papers presented, the plaintiff was clearly entitled to an examina SCHOTH, Respondent, v. McCLINTIC-MARtion of the defendant. The order should be re- | SHALL CONST. CO., Appellant. (Supreme versed, with $10 costs and disbursements, and Court, Appellate Division, Second Department. the motion denied, with $10 costs.

April 23, 1909.) Action by Gustav Schoth, as administrator, etc., of Arthur Schoth, deceased,

against the McClintic-Marshall Construction SCHLEGEL et al., Respondents, V. ROMAN Company. No opinion. Judgment and order CATHOLIC CHURCH OF MOST HOLY unanimously affirmed, with costs. TRINITY et al., Appellants. (Supreme Court, Appellate Division, Second Department. April 23, 1909.) Action by Joseph Schlegel and oth SCHWEINFEST, Respondent, V. SHEFers against the Roman Catholic Church of the FIELD FARMS SLAWSON DECKER CO. Most Holy Trinity and others. No opinion. Or- Appellant. (Supreme Court, Appellate Division, der affirmed, with $10 costs and disbursements. Second Department. April 23, 1909.) Action by See, also, 124 App. Div. 502, 108 N. Y. Supp. Joseph J. Schweinfest against the Sheffield 955.

Farms Slawson Decker Company. No opinion.
Judgment of the Municipal Court afirmed, with

costs. SCHLICHTE V. DONNEGAN. (Supreme Court, Appellate Division, First Department. April 16, 1909.) Action by Arnold W. Schlichte SCIARESA, Respondent, v. ST. LAWRENCE against John A. Donnegan. No opinion. Mo- PYRITES CO., Appellant. (Supreme Court, tion granted, with $10 costs. Order filed. Appellate Division, Third Department. May 5,

1909.) Action by Luigi Scia resa against the

St. Lawrence Pyrites Company. No opinion. SCHNIBBE, Appellant, v. STUTZ et al., Re- Judgment and order unanimously affirmed, with spondents. (Supreme Court, Appellate Division, costs. Second Department. April 23, 1909.) Action by Richard Schnibbe against Louis Stutz and another.

SCOTT V. INTERNATIONAL PAPER CO. PER CURIAM. Plaintiff's testimony that,

(Supreme Court, Appellate Division, Third Deupon his objection to the provisions furnished partment. May 5, 1909.) Action by William and refusal to accept them, the defendants agreed J. Scott against the International Paper Comthat if plaintiff would accept them they would | 125 App. Div. 318, 109 N. Y. Supp. 423.

Motion denied. See, also, "stand behind them," tended to establish_indemnification for subsequent acceptance. Without further expression upon the merits, we reverse SEAMAN, Respondent, V. NASSAU COUNthe judgment dismissing the complaint, and order TY, Appellant. (Supreme Court, Appellate Dia new trial; costs to abide the event.

vision, Second Department. April 23, 1909.) Action by Preston B. Seaman against the county

of Nassau. SCHNURR, Appellant, v. QUINN, Respond

No opinion. Judgment and order

afirmed, with costs. ent. (Supreme Court, Appellate Division, Second Department. April 23, 1909.) Action by Tilly Schnurr against Alexander Quinn. No

SEAMAN, Respondent, v. WEISS, Appellant. opinion. Motion denied, with $10 costs.

(Supreme Court, Appellate Division, Second De

partment. April 30, 1909.) Action by James M. SCHOONMAKER et al., Respondents, v: Judgment of the Municipal Court unanimously

Seaman against Anton Weiss. No opinion. HENRY STEERS, Inc., Appellant. (Supreme affirmed, with costs. Court, Appellate Division, Third Department. May 5, 1909.) Action by John B. Schoonmaker and another, copartners, etc., under name of Schoonmaker & Rice, against Henry Steers, In

SECURITY WAREHOUSING CO., Appelcorporated. No opinion. Order unanimously af- lant, AMERICAN EXCHANGE NAT. firmed, with $10 costs and disbursements. "See, BANK, Respondent. (Supreme Court, Appellate also, 128 App. Div. 655, 113 N. Y. Supp. 257. Division, First Department. May 7, 1909.) AC

tion by the Security Warehousing Company

against the American Exchange National Bank. SCHOONMAKER et al., Respondents, V. S. H. Ordway, for appellant. B. N. Cardozo, HENRY STEERS, Inc., Appellant. (Supreme for respondent. No opinion. Judgment affirmed, Court, Appellate Division, Third Department. with costs. Order filed. See, also, 118 App. May 5, 1909.) Action by John B. Schoonmaker | Div. 350, 103 N. Y. Supp. 399.

V.

SHEEDY, Appellant, V. EDDY et al., Re SIMON, Respondent, v. CHAUSER et al. spondents. (Supreme Court, Appellate Division, Appellants. (Supreme Court Appellate Division, Second Department. April 23, 1909.) Action by Second Department. May 7, 1909.) Action by Ellen T. Sheedy against William H. Eddy and Meyer Simon against Isaac Chauser and another. others. No opinion. Judgment affirmed, with No opinion. Judgment of the Municipal Court costs.

affirmed, with costs.

ent.

SHICK, Appellant, v. BERLINER, Respond

SINGER, Respondent, NEW YORK (Supreme Court, Appellate Division, Sec-CENT. & H. R. R. CO., Appellant. (Supreme ond Department. April 23, 1909.) Action by Court, Appellate Division, Second Department Samuel Shick, an infant, by Harry Shick, his April 23, 1909.) Action by Leonard Singer, as guardian ad litem, against Elias Berliner. No administrator of goods, chattels, and credits of opinion. Judgment of the Municipal Court unan. Bertha Singer, deceased, against the New York imously affirmed, with costs.

Central & Hudson River Railroad Company.
No opinion. Motion denied, with $10 costs.

See, also, 116 N. Y. Supp. 294.
SHIELS, Appellant, V. STAFFORD,. Re-
spondent. (Supreme Court, Appellate Division,

SINN, Respondent, V. NEW YORK CENT. First Department. April 8, 1909.). Action by & H. R. R. CO., Appellant. (Supreme Court, Thomas Shiels, as receiver, against Jenny K. Appellate Division, Second Department. April Stafford. J. W. Greene, for appellant. J. M. 30, 1909.) Action by William Sinn against the Beck, for respondent. No opinion. Judgment New York Centrai & Hudson River Railroad affirmed, with costs. Order filed.

Company. No opinion. Judgment and order unanimously affirmed, with costs.

SHUBERT v. ZIEGFELD. (Supreme Court,
Appellate Division, First Department April 16, OF ESSEX COUNTY, Respondent. (Supreme

SMITH, Appellant, v. BOARD OF SUP'RS 1909.) Action by Lee Shubert against Florenz Court, Appellate Division, Third Department Ziegfeld. No opinion. Application denied, with $10 costs. Order signed. See, also, 113 N. Y. against the board of supervisors of the cousty

May 5, 1909.) Action by Frank E. Smrith Supp. 801.

of Essex. No opinion. Order unanimously af

firmed, with $10 costs and disbursements. SILVER, Appellant, v. REBHUN, Respondent. (Supreme Court, Appellate Division, Second Department. April 23, 1909.) Action by co., Appellant.

SMITH, Respondent, v. LONG ISLAND R.

(Supreme Court, Appellate Julius Silver against Jachiel Rebhun.

Division, Second Department. April 23, 1909.) PER CURIAM. Motion to dismiss appeal | Action by Michael L. Smith against the Long granted, with costs, unless the appellant within Island Railroad Company. No opinion. No 15 days perfect the appeal, place the cause at tion denied, with $10 costs. See, also, 129 App. the foot of the present calendar, and be ready Div. 427, 114 N. Y. Supp. 228. for argument when reached, in which case the motion is denied, without costs.

SMITH, Respondent, v. MICHIGAN WAG

ON & MFG. CO., Appellant. (Supreme Court, SIMERS v. WHITE. _ (Supreme Court,, Ap-Appellate Division, Second Department. May pellate Division, Second Department. April 23, 7, 1909.). Action by Garrett H. Smith against 1909.) Action by George W. Simers, Jr., as the Michigan Wagon & Manufacturing Com. judgment creditor, against Josiah J. White, as

pany. No opinion. Judgment of the Municipal judgment debtor.' No opinion. Motion denied, Court unanimously affirmed, with costs. with $10 costs.

SMITH, Appellant, v. PEOPLE, RespoodIn re SIMMONS et al. (Supreme Court, Ap

(Supreme Court, Appellate Division, pellate Division, Third Department. May 5,

Third Department. May 5, 1909.) Action 1909.) In the matter of the application and peti- by Annie M. Smith against the people of the tion of J. Edward Simmons and others, consti: state of New York. No opinion. Judgment tuting the board of water supply of the city of unanimously affirmed, with costs. New York, to acquire real estate for and on behalf of the city of New York, under chapter 724, p. 2027, of the Laws of 1905, etc., in the town of Olive, Ulster county, N. Y., for the pur SPENADEL, Respondent, V. NEADLE et pose of providing an additional supply of pure al., Appellants. (Supreme Court, Appellate and wholesome water for the use of the city of Division, First Department. April 8, 1999. New York. Parcel No. 50; Marshall Winn and Action by Max Spenadel against Jacob Veadle Benjamin Van Steenburgh, claimants. No opin. and others. W. C. Beecher, for appellants. ion. Order unanimously affirmed, with costs. B. Reass, for respondent. No opinion. Judg. See, also, 61 Misc. Rep. 352, 113 N. Y. Supp. ment affirmed, with costs, with leave to de 890; 130 App. Div. 350, 356, 114 N. Y. Supp. fendant to withdraw demurrer and to answer

ent.

STAPLETON NAT. BANK, Respondent, vil TAYLOR, Respondent, V. TAYLOR et al., UNITED STATES FIDELITY & GUAR- Appellants. (Supreme Court, Appellate DiviANTY CO., Appellant. (Supreme Court. Ap- sion, First Department. April 8, 1909.) Action pellate Division, Second Department. April by Jessie K. Taylor against Talbot J. Taylor 23, 1909.) Action by the stapleton National and another. R. W. Candler, for appellants, Bank against the United States Fidelity & S. Untermyer, for respondent. No opinion. Guaranty Company. No opinion. Motion de Judgment affirmed, with costs against defendnied, with $10 costs. See, also, 115 N. Y. ant. Order filed. See, also, 116 N. Y. Supp. Supp. 372.

530.

STEEL, Respondent, V. KNIGHT et al.,

THOMSON METER CO., Respondent, V. Appellants. (Supreme Court, Appellate Division, First Department. April 30, 1909.) AC PEOPLE'S DRUG STORE CO., Appellant. tion by Henry E. Steel against John W. (Supreme Court, Appellate Division, Second Knight and others. F. G. Caffey, for appel. Thomson Meter Company against the People's

Department. April 23, 1909.). Action by the opinion. Order affirmed, with sio costs and der of the Municipal Court afirmed, with costs. disbursements. Order filed..

STERN, Appellant, y. STERN, Respondent. TITLE GUARANTEE & TRUST CO., Re(Supreme Court, Appellate Division, First De spondent, v. MacVEAN, Appellant. (Supreme partment. April 16, 1909.) Action by Benja- Court, Appellate Division, Second Department. min Stern against Sara Stern, as executrix. April 23, 1909.) Action by the Title GuaranW. M. Bennett, for appellant. E. Bisbee, for tee & Trust Company against Charles H. Macrespondent. No opinion. Order affirmed, with Vean. $10 costs and disbursements. Order filed.

PER CURIAM. Judgment of the Municipal

Court reversed, and new trial ordered, costs to STODDER, Appellant, v. NEW ENGLAND abide the event, on the ground that the plaintiff NAVIGATION CO., Respondent. (Supreme

did not establish that April 19th was an abCourt, Appellate Division, Second Department. solute, but a conditional, day set for the closApril 30, 1909.)Action by William F. Stod- ing of the title. der against the New England Navigation Company. No opinion. Judgment and order of the Municipal Court afirmed by default, with costs. COUNTY, Appellant, v. LOUNSBERY, Re

TOWN OF PLATTEKILL, ULSTER

spondent. (Supreme Court, Appellate Division, STRAMMER, Respondent, v. MENDEL- Third Department. May 5, 1909.) Action by SON, Appellant. (Supreme Court, Appellate the town of Plattekill, Ulster county, N. Y., Division, Second Department. April 23, 1909.) against Cervonia Lounsbery. No opinion. Action by Max Strammer against Abraham Judgment (54 Misc. Rep. 492, 106 N. Y. Supp. Vendelson. No opinion. Motion denied, with 139) unanimously affirmed, with costs. $10 costs.

STUYVESANT REAL ESTATE CO., Re TRANTER, Respondent, v. TRANTER, Apspondent, y. ERICKSON, Appellant. (Su- pellant. (Supreme Court, Appellate Division, preme Court, Appellate Division, Second De- First Department. April 16, 1909.) Action by pa rtment. April 23, 1909.) Action by the Beatrice Tranter against Sefton Tranter. G. Stuyvesant Real Estate Company against Ben- F. Stiebeling, for appellant. H. S. Stewart, for no Erickson. No opinion. Final order of the respondent. No opinion. Order affirmed, with Municipal Court afbrmed.

$10 costs and disbursements. Order filed.

TAMS, Appellant, V. SCHIRMER et al., Respondents. (Supreme Court, Appellate Divi TREBING, Respondent, v. DIME SAVINGS sion, First Department. April 8, 1903.) AC- BANK OF WILLIAMSBURGH et al., Aption by Arthur W. Tams against G. Schirmer pellants. (Supreme Court, Appellate Division, and others. M. Grossman, for appellant. A. Second Department. April 23, 1909.) Action Knauth, for respondents. No opinion. Judg- by Julia M. Trebing against the Dime Savment attirmed, with costs, with leave to plain- ings Bank of Williamsburgh and others. No tiff to amend on payment of costs. Order filed. opinion. Order affirmed, with $10 costs and

disbursements. TAYLOR, Appellant, v. HEYL et al., Respondents. (Supreme Court, Appellate Divi TROTTER, Appellant, v. LISMAN et al., sion, First Department. April 16, 1909.) AC- Respondents. (Supreme Court, Appellate Dition by Henry A. Taylor against George E. vision, First Department. April 8, 1909.) ACHeyl and another. A. B. Bergstrom, for ap- tion by Walter C. Trotter, as receiver, against pellant. I. B. Louis, for respondents. No Frederick J. Lisman and others. Strong & opinion. Order affirmed, with $10 costs and Cadwalader, for appellant. C. K. Allen, for disbursements. Order filed.

respondents.

PER CURIAM. Judgment affirmed, with | No opinion. Motion denied, with $10 costs. costs, with leave to plaintiff to amend on pay. Order filed. ment of costs. Order filed. McLAUGHLIN and HOUGHTON, JJ., dis

WARDEN, Respondent, v. MURRAY et al., senting.

Appellants. (Supreme Court, Appellate Diri.

sion, Second Department. April 30, 1909.) TWINAME, Appellant, v. CULGIN et al., Action by Irene Warden, an infant, by William Respondents. '(Supreme Court, Appellate Divi- E. Warden, her guardian ad litem, against şion, First Department. May 7, 1909.) Action Patrick J. Murray and David J. Stewart, coby John Twiname against Guy' w. Culgin and partners, etc., and the city of New York. No others. H. K. Davis, for appellant. J. A. opinion. Judgment and order unanimously afArroyo, for respondents. No opinion. Judg: firmed, with costs. ment affirmed, with costs, and appeal from de cision dismissed. Order filed.

WEGNER, Respondent, v. VANDERPOEL, Appellant. (Supreme Court, Appellate Divi

sion, First Department. April 30, 1909.) ACULLMANN, Appellant, v. SCHULTES, Re- tion' by Eugene Wegner against Wiliam_Vanspondent. (Supreme Court, Appellate Division, derpoel. E. C. Morse, for appellantF. B. Second Department. April 23, 1909.) Action Maerkle, for respondent. by Katherine Ullmann against John Schultes. No opinion. Judgment and order of the Mu- the examination of the defendant 'to the ques.

PER CURIAM. Order modified, by limiting nicipal Court affirmed, with costs.

tion as to the ownership of the machine, the

person in charge, and his relation to the deUNIVERSAL TALKING MACH. MFG. fendant, and as so modified, affirmed, withoot CO., Appellant, v. DUFFY MCINERNEY CO., costs. Settle order on notice. Respondent. (Supreme Court, Appellate Division, First Department. April 30, 1909.), Ac WELCKE et al., Respondents, 1. TRAGEtion by the Universal Talking Machine Manu- SER, Appellant (two cases). (Supreme Court, turing Company against the Duffy McInerney Appellate Division, First Department. April Company. R. Barnett, for appellant. S. Bern-8, 1909.) Actions by Adelheld Welcke and heim, for respondent. No opinion. Order af- others against William C. Trageser. R. K. firmed, with $10 costs and disbursements. Or-Walton, for appellant. J. H. Hayes, for reder filed.

spondents. No opinion. Orders affirmed. Or

ders filed. See, also, 116 N. Y. Supp. 161, 168. In re VANDERBILT. (Supreme Court, Appellate Division, Second Department. April WELD et al., Respondents, v. POSTAL 23, 1909.) In the matter of Edward Ward TELEGRAPH CABLE CO., Appellant. (Su. Vanderbilt, an alleged incompetent. No opin- preme Court, Appellate Division, First De ion. Motion denied, without costs. See, also, partment. May 7, 1N9). Action by Stephen 127 App. Div. 408, 111 N. Y. Supp. 558.

M. Weld and others against the Postal Tee graph Cable Company. A. G. Fox, for appel.

lant. H. W. Taft, for respondents. No opin. VAUGHN, Appellant, v. GLENS FALLS ion. Judgment and order atbirmed, with costs. PORTLAND CEMENT CO., Respondent. (Su- Order filed. preme Court, Appellate Division, Third Department. May 5, 1909.) Action by Albert A. Vaughn against the Glens Falls Portland Ce WEYAND et al., Appellants, v. RANDALL ment Company. No opinion. Order (59 Misc. et al., Respondents. (Supreme Court, AppelRep. 230, 112 N. Y. Supp. 240) affirmed, with late Division, Second Department. April 23, $10 costs and disbursements,

1909.) Action by Henry Weyand and another against Frederick G. Randall and others. No

opinion. Motion denied, without costs. See, In re VOGEL. (Supreme Court, Appellate also, 115 N. Y. Supp. 279. Division, First Department. April 16, 1909.) In the matter of Minnie H. Vogel. No opinion. Motion denied on terms stated in order. Order WIEBALK, Respondent, y. WOLF, Appelfiled.

lant. (Supreme Court, Appellate Division, Sec ond Department. May 7, 1909.) Action by

Claus H. Wiebalk against George Wolf. No In re VOGEL. (Supreme Court, Appellate opinion. Appeal from order of the Municipal Division, First Department. April 30, 1909.) Court dismissed, with $10 costs and disburse In the matter of Minnie H. Vogel, deceased. ments, on the ground that no statutory 40No opinion. Order a tfirmed, with $10 costs and thority exists for the appeal. disbursements. Order filed.

WILDMAN, Appellant, v. JONES, Respond. WALHEIMER V. BIANCHI et al. (Su- ent. (Supreme Court, Appellate Division. First preme Court, Appellate Division, First Depart- Department. April 23, 1909.) Action by Joment. April 30, 1909.) Action by George Wal-seph E. Wildman against Frank C. Jones, as

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