Majority
p. 635Edward H. Kruger v. Henry H. Persons and Another, as, etc.
Ordered, that the order heretofore entered be corrected, so as to read as follows: Order refusing leave to discontinue affirmed, with ten dollars costs and . disbursements, and judgment modified by striking therefrom the words upon the merits,’ which modification is made upon the ground that the trial court did not have power to dismiss the complaint upon the merits, and the judgment as thus modified affirmed, without costs of this appeal to either party. All concurred.