
    COMMINS, Appellant, v. PERRY, Respondent.
    (Supreme Court, Appellate Division, Fourth Department.
    January 4, 1905.)
    Action by Margaret A. Commins against John W. Perry.
   PER CURIAM.

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.  