Opinion
March, 1909.
Motion granted, unless the defendants, within ten days from service upon them of copy of this order, withdraw their demurrer and serve an answer, which they are hereby permitted to do, without costs, and unless with the answer they shall serve a stipulation that the case may be tried at the May Albany Trial Term without further notice, unless otherwise directed by the justice presiding at said term. In case said demurrer be withdrawn and answer served, together with the stipulation above mentioned, motion is denied. All concurred, except Kellogg, J., dissenting. Order to be settled by Chester, J.