Foote v. Leary ( 1909 )

Per Curiam:

The order should be modified by providing that the appellant be made a party defendant, and as such be permitted to serve such answer as he may be advised. As so modified the order should bo affirmed, without costs to. either party. Present—Ingraham, McLaughlin, Clarke, Houghton and Scott, JJ. Order modified as indicated in opinion and as modified affirmed, without costs. Settle order on notice.