(dissenting) :
I dissent. The exception to the exclusion of the question to the attorney for plaintiff is fatal. Where the client has endeavored to *518shield herself from the effects of an affidavit inconsistent with evidence given upon the trial, upon the ground that she had stated the facts to her attorney, I can see no reason why the attorney may not he called to prove that no such communication was made.
Judgment and order affirmed, with costs.