Wieland v. Forgotston — 60 N.Y.S. 1150

Majority

p. 1150

WIELAND, Respondent, v. FORGOTSTON et al., Appellants.

(Supreme Court, Appellate

p. 1151

Division, First Department.

October 20, 1899.)

Headnote

Bill by Wilhelm Wieland against Etta Forgotston and others. There was a judgment for plaintiff, and defendants appeal.

Affirmed.

James O. De Lamaro, for appellants.

Samson Each-man, for respondent.

For the reasons stated in the opinion in the case of Wieland v. Forgotston {decided herewith) 60 N. Y. Supp. 483 , the interlocutory judgment must be affirmed, with costs, but with permission to the demurring defendant, on the payment of costs in this court and in the court below, to withdraw the demurrer, and answer, within 20 days from the entry of the order of affirmance to be made hereon. All concur.