Majority
p. 611Joel Sammet, Respondent, v. Louis Monsheimer, Appellant.
Headnote
Order reversed, with ten dollars costs and disbursements and mo-' tion denied, with ten dollars costs.— Appeal from order striking out answer as frivolous.—We are clearly of opinion that the answer stricken out is not frivolous. The order should be reversed, with ten dollars costs and disbursements and the motion de-s nied, with ten dollars costs.
Present — Van Brunt, P. J., O’Brien and Parker, JJ.