Sanders v. Failing

[The opinion of Mr. Justice Bocees in the case of Simpson, Adm’r, etc., v. McKay, decided at the Saratoga special term, in February, 1873, was adopted as controlling the decision in this case. The order of the special term was thereupon reversed as to witnesses’ fees, and affirmed in other respects, without costs to either party.]

Ordered accordingly.

[The following is the case and opinion of Mr. Justice Bockes, above referred to: ]