Majority
p. 1057Henry J. Baker, Jr., Appellant, v. John H. Macauley, Defendant, and Lewis B. Baker, Respondent.
All concur. (The order entered April 23, 1949, resettled a previous order directing a separate and prior trial of the issues raised by the affirmative defense in the answer of defendant Baker. The order entered October 2, 1948, denied a motion by defendant Baker for dismissal of the complaint.) Present — Taylor, P. J., McCurn, Love, Vaughan and Kimball, JJ.