Majority
p. 556David M. Marsh, et al., Appellants, v. Solomon Hexter, et al., Respondents. Decided February 14, 1881.
Headnote
Appeal from order.
p. 557Before Freedman and Ingraham, JJ.
John L. Hill, for appellants. A. P. & W. Man, and Chas. C. Protheroe, for respondents.
“The order appealed from should be modified so as to make the last sentence thereof read as follows: ‘ This order shall not be considered as in any way adjudicating any question of fact or law affecting the merits of the action.’ As thus modified the order should be affirmed, without costs.”