Volume 66 — Sickels

The facts, so far as material, are stated in the opinion. The court erred in granting the application for an order of continuance under «the circumstances. (1 Burr. 510, 511; 1 Chit, on Crim. Law, 492 ; Ogden v. Payne, 5 Cow. 15; Hooker v. Rodgers, 6 id. 15; People v. Vermilyea, 7 id. 368; People v. Horton, 4 Park. Cr. 222; 1 Colby’s Crim.

The proceeding was instituted before the surrogate of the county of Hew York for the probate of an instrument purporting to be the last will of Henry C. Bull, deceased. Objections having been filed, the matter was transferred to the Common Pleas for trial of the issues of fact under section 2547 of the Code of Civil Procedure, as amended by chapter 119 of the Laws of 1886. The questions presented to the jury and their answers thereto were as follows: “ First.