Majority
p. 953John F. Burke, Respondent, v. William H. Burke, Appellant.
Order overruling demurrer and order continuing injunction affirmed, with ten dollars costs and disbursements, with leave to the defendant to plead over within twenty days upon payment of the costs in this court and the court below. All concurred, except Robson and Lambert, JJ., who dissented upon the ground that this case does not present such exceptional features
p. 954
as to justify the intervention of a court of equity under the rule laid down in Bomeisler v. Forster ( 154 N. Y. 229 ).
Cases cited
- Bomeisler v. Forster 154 N. Y. 229 p. 954