Opinion
December, 1905.
Present — O'Brien, P.J., Patterson (dissenting), Ingraham, Laughlin and Clarke, JJ.
Considering the nature of the action, we think that the defendant should be allowed to serve a supplemental answer. The fact that she did not make the affidavit is explained by her absence in Europe, sick. The order appealed from should be reversed and the motion granted.
Order reversed and motion granted.