
    First Department,
    July, 1928.
    Marion G. Murphy, Appellant, v. John G. Murphy, Respondent.
   Judgment appealed from modified so that the complaint is dismissed, not upon the merits, but for failure of proof on plaintiff’s part. Present — Dowling, P. J., Merrell, Martin, O’Malley and Proskauer, JJ.; Merrell, J., dissents and votes for judgment in favor of plaintiff.  