Opinion
December, 1910.
Present — Ingraham, P.J., McLaughlin, Clarke and Scott, JJ.
The complaint is defective because it does not show what were the provisions of the by-laws when plaintiff's husband died. The complaint speaks entirely in the present tense and alleges only the provisions of the by laws when the action was commenced, which was more than a year after the husband's death. Non constat the by-laws may have been effectively amended in the meantime. The interlocutory judgment is, therefore, affirmed, with costs and disbursements, with leave to plaintiff to amend her complaint within twenty days upon payment of costs in this court and in the court below.
Judgment affirmed, with costs, with leave to plaintiff to amend on payment of costs.