Daily v. Dunn

Judgment reversed on the facts as a matter of discretion, without costs, and order modified on the facts as a matter of discretion by adding to the provisions of the order the words, “ unless the plaintiff serve an amended reply within ten days after service of a copy of the order of this Court, upon payment of ten dollars costs,” and, as so modified, affirmed, without costs. Memorandum: The defendants’ testator was originally the defendant in this action, and since his death his executors have been substituted as defendants. The answer filed by defendants’ testator during his lifetime set up…