Morley v. Combs — 123 N.Y.S. 1130

Majority

p. 1130

MORLEY, Respondent, v. COMBS, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

May 18, 1910.)

Headnote

Action by May L. Morley against Saloma E. Combs.

Interlocutory judgment affirmed, with costs, with leave to the defendant to plead over within 20 days, upon payment of the costs of the demurrer and of this appeal.

WILLIAMS, J., dissents, upon the ground that the sending or delivery of letters by the wife to the husband was not a publication of .the libel, such as to enable the plaintiff to maintain the action.