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Jansen and Jansen, administrator, against Tappen
Curia.
The motioh must be denied. Here is a demur-1 ref pending upon a replication to a plea which goes to the whole cause of action. The motion is premature ; for, .should the report be for the plaintiff, still the decision upon the demurrer may be for the defendant, which would render lilis proceeding nugatory;
Motion denied.
