Textor v. Maines

Order reversed on the facts and in the exercise of discretion, with $10 costs and disbursements, and motion granted, with $10 costs. Memorandum: It is our opinion that the discretion of the Special Term was improperly exercised. All concur. (Appeal from an order of Erie Special Term denying a motion by defendants in Action No. 1 for a joint trial.) Present — McCurn, P. J., Vaughan, Kimball, Williams and Bastow, JJ.