White v. Boice

While the judgment of special term was in force, there were substantial difficulties in the way of granting such a motion as is here made by the plaintiff.

The order appealed from went as far as it well could in protecting the rights of plaintiff.

The order must therefore be affirmed, but without costs, and without prejudice to any application plaintiff may make for like relief upon the settlement of the order, made upon the appeal from the judgment.

Order affirmed, without costs.