Order reversed, on the law and facts, and matter remitted to the Special Term for common-law proof on the merits of the original motion as to an award of alimony, without costs. Brewster, Russell and Deyo, JJ., concur; Hill, P. J., and Heffernan, J., dissent and vote that defendant-respondent should pay the $5 a week which he agreed to pay up to-this time.