Interlocutory judgment affirmed, with costs, with leave to defendant to withdraw demurrer, and to answer, on payment of costs in this court and in the court below.
VAN BRUNT, P. J., and HATCH, J., dissent.
(Supreme Court, Appellate Division, First Department.
March 11, 1904.)
Action by Margaret J. McChesney against James Moore. J. H. Hazelton, for appellant. A. M. Thiery, for respondent.
Interlocutory judgment affirmed, with costs, with leave to defendant to withdraw demurrer, and to answer, on payment of costs in this court and in the court below.
VAN BRUNT, P. J., and HATCH, J., dissent.
86 N.Y.S. 1139
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