Majority
p. 1091COMMINS, Appellant, v. PERRY, Respondent. (Supreme Court, Appellate Division, Fourth Department. January 4, 1905.)
Headnote
Action by Margaret A. Commins against John W. Perry.Judgment of county court modified by striking therefrom the provision: ‘‘And the plaintiffs complaint dismissed upon the merits” — and, as so modified, affirmed, without costs of this appeal to either party. See 90 N. Y. Supp. 92 .
SPRING and AVILLIAMS, JJ., dissent.