
    Samuel J. Campbell, Resp't, v. Albert Friedlander et al., App’lts.
    
      (Supreme Court, General Term, Second Department,
    
    
      Filed June 18, 1894.)
    
    Pleadings—Demurrer—Frivolous.
    A demurrer is not frivolous if 'it presents questions which, fairly admit debate.
    Appeal from an order overruling a demurrer to the complaint, as frivolous.
    
      Charles S. Simpkins, for app’lts; Spiegelberg & Wise, for resp’t.
   Cullen, J.

—We think that the demurrer of the defendant presented questions which fairly admitted debate, and hence it was not frivolous. The order appealed from should be reversed, with $10 costs and disbursements. All concur.  