Appellate Terms of the Supreme Court of New York March 15, 1897 (Graves v. Graham)

Bisohoep, J.

The . older from which this appeal is taken directed that the service of the summons and the execution of am order to arrest the defendant be set aside, the basis of the matter being that the defendant’s appearance and submission to the jurisdiction were in performance of an agreement upon the plaintiff’s part to proceed at once with the trial of the cause, waiving a jury trial,