Kuntz v. Smithson

Order reversed, with ten dollars costs and disbursements, and motion to dismiss the complaint for want of prosecution granted, with costs, upon the grounds, first, that the amended complaint does not state facts sufficient to constitute a cause of action, and second, that no reasonable excuse is offereA for delay in the prosecution thereof. Jenks, P. J., Burr, Woodward and Rich, JJ., concurred; Hirschberg, J., dissented.