Majority
p. 772House of the Good Shepherd in Binghamton, Respondent, v. The Rector, Church Wardens and Vestrymen of the Church of the Good Shepherd in the City of Binghamton, County of Broome, State of New York, Appellant, Impleaded with Others, Defendants.
Order unanimously affirmed, with ten dollars costs and disbursements, with leave to the appellant to answer within twenty days on payment of such costs and of the costs awarded in the order appealed from. This court does not adopt the reasoning of the court below, but approves of the conclusion that the demurrer should be overruled and the appellant given an opportunity to withdraw the same and to answer.