¶1We do not think that the demurrer in the case at har was frivolous. There are questions raised by the demurrer which require consideration, and the complaint upon inspection does not appear necessarily to be good.
¶2In the case of Keteltas v. Myers (19 N. Y., 231), the complaint contained various allegations which are not to be found in the case under discussion.
¶3The order should be reversed, with ten dollars costs and disbursements.