Majority
p. 910James H. Herendeen, as Administrator, etc., of Charles W. Edgerton, Deceased, Appellant, v. Benton H. Wilson and Others, Respondents.
Interlocutory judgment modified by striking out the words “ upon the merits,” and as so modified affirmed, with costs, with leave to the plaintiff to plead over within twenty days upon payment of the costs of the demurrer and of this appeal. All concurred, except Merrell, J., who dissented.