Judgment reversed upon the law, and new trial granted, with costs to the appellant to abide event; and order reversed, with ten dollars costs and disbursements, upon the ground that the court had no power upon the trial or elsewhere to amend the stipulation made by the parties, the proper practice being to move at Special Term before trial to be relieved from the stipulation upon such terms as are just and to present sufficient reasons for the granting of such relief. All concur.