Judgment and order reversed and new trial granted, with costs to appellant to abide event, the court holding that the judgment is unauthorized both as matter of law and as matter of fact.
All concurred, except Betts, J., dissenting.Judgment and order reversed and new trial granted, with costs to appellant to abide event, the court holding that the judgment is unauthorized both as matter of law and as matter of fact.
All concurred, except Betts, J., dissenting.