Majority
p. 609The Village of Palmyra, Appellant, v. Alonzo Wynkoop and others, Administrators, etc, Respondents.
— Order modified by striking out the provision vacating and setting aside the interlocutory judgment and inserting aprovision for payment by defendant of the costs of the demurrer as condition of leave to answer over, and as so modified affirmed, without costs of this appeal to either party.
Macomber, J., not sitting.