Myers v. Myers — 221 A.D. 878

Majority

p. 878

Viola Myers and J. Rhodes O’Reilly, as Receiver, etc., Respondents, v. Henry J. Myers, Appellant. Cathleen Harriet Myers, an Infant, Respondent, and Others, Defendants.

(Appeal No. 2.)

The parties having stipulated in writing that this ease may be decided by a court of four justices, the decision is as follows: Order granting motion to strike out first and second separate defenses contained in amended answer of defendant Henry J. Myers affirmed, with ten dollars costs and disbursements. No opinion. Young, Kapper, Lazansky and Hagarty, JJ., concur.