Majority
p. 786John C. Foster, Appellant, v. Ethel G. Foster, Respondent.
Judgment affirmed, with costs. No opinion. Rich, Young, Scudder and Tompkins, JJ., concur; Lazansky, P. J., dissents upon the ground that the prior judgment merged
p. 787
the cause of action and defendant’s remedy was at the foot of' the prior judgment.