General
O'BRIEN et al., Respondents, v. THOMAS et al., Appellants
92 N.Y.S. 1136·New York Supreme Court, Appellate Division·1905·NY
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Opinion
O’BRIEN et al., Respondents, v. THOMAS et al., Appellants.
(Supreme Court, Appellate Division. First Department.
March 10, 1905.)
Appeal from Special Term. -Action by John O’Brien and another against Edward R. Thomas and others. From an order granting plaintiff’s motion to withdraw a juror, defendants appeal. Blodified. R. A. Irving, for appellants. J. W. Browne, for respondents.
[MAJORITY — PER CURIABI.]
PER CURIABI.
The order should be modified, by requiring the plaintiffs to pay $10 costs of motion, the term fee, and the. trial fee and disbursements of the term as a condition of granting the motion. As so modified, the order should be affirmed, without costs.