Lipps v. Kirsch

Order affirmed, with ten dollars costs and disbursements, with leave to defendant to withdraw demurrer and to answer on payment of costs in this court and at Special Term; and in default thereof judgment directed in favor of plaintiffs, with costs. No opinion. Present—-Clarke, P. J., Dowling, Smith, Page and Philbin, JJ.; Dowling, J., dissented on the authority of Conkling v. Weatherwax ( 181 N. Y. 258 , 268).