Stern v. Eisner

—There is no merit in either of these appeals. It is impossible to see what harm the plaintiff can suffer by having the possible course of Ins-adversary’s testimony pointed out by the averments in the answer which he seeks to have stricken out.

As to the appeal from that portion of the order which requires the counterclaim to he made more definite and certain. It does not appear that the court below exceeded the hounds of a sound discretion.

The order must he affirmed, with costs.