Holder v. Holder

There is an inaccuracy in the opinion of the court below, in the statement that the case of Weston v. Stoddard, 137 N. Y. 119, 33 N. E. 62, was not considered in the opinion delivered in Ellerson v. Westcott, 148 N. Y. 149, 42 N. E. 540. We think the judgment of the special term is correct, and we concur in the reasons assigned therefor by Mr. Justice DYKMAN, with the exception indicated. Interlocutory judgment affirmed, with costs.