Majority
p. 748Edwin F. Cornwell, Respondent, v. Moses R. Cornwell, Appellant.
Order denying defendant’s motion for judgment on the pleadings affirmed, with ten dollars costs and disbursements. No opinion. Hagarty, Carswell, Seudder and Tompkins, JJ., concur; Lazansky, P. J., concurs, being of the opinion that all the facts concerning the prior action should first be disclosed on a trial before the question of law now raised is determined.