New York Supreme Court July 14, 1894 (First Nat. Bank v. Fitzpatrick)

PUTNAM, J.

I think the order of February 13th, under which the defendant was imprisoned, and from which the appeal is taken, was erroneously granted for the reasons pointed out in Fischer v. Raab, 81 N. Y. 235. In that case the plaintiff was directed to pay certain referee fees, and failed to do so.