
    COURT ST. THEATER CO., Respondent, v. EMPIRE CIRCUIT CO. et al., Appellants.
    (Supreme Court, Appellate Division, Fourth Department.
    July 8, 1902.)
    Action by the Court Street Theater Company against the Empire Circuit Company and others.
   No opinion. Order affirmed, with $10 costs and disbursements, without prejudice to the defendants’ right to hereafter demur to the plaintiff’s complaint, if they so elect.

McLENNAN, J.,

dissenting, upon the ground that the complaint does not state a cause of action.  