American Protective Tariff League v. Barber — 163 A.D. 873

Majority

p. 873

First Department,

May, 1914.

The American Protective Tariff League, Appellant, v. Ohio C. Barber, Respondent.

Headnote

Appeal from an order of the Supreme Court, made at Special Term and entered in the ¡New York county clerk’s office on the 23d day of March, 1914, directing the plaintiff to serve a reply to the first defense and the third partial defense in amended answer.

The order should be modified by inserting a provision that the service of the reply shall not affect the date of issue or the posi

p. 874

tion of the cause on the calendar, and as so modified affirmed, with ten dollars costs and disbursements to the respondent. Present — Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ. Order modified as directed in opinion, and as modified affirmed, with ten dollars costs and disbursements to respondent. Order to be settled on notice.