Burke v. Dlugasch

¶1Judgment reversed on the law and facts, and new trial granted, with costs to appellant to abide the event. We think it was error to dismiss the complaint in the absence of any denial or explanation on the part of the defendants. The findings of the trial court inconsistent with this decision are reversed. Black-mar, P. J., Kelly, Manning, Kelby and Young, JJ., concur. Settle order on notice before Mr. Justice Young.