The People of the State of New York ex rel. William Nelson, Appellant, v. Isaac M. Marsh et al., Commissioners for Drainage of Lands in the Town of Southfield, et al., Respondents

The People of the State of New York ex rel. William Nelson, Appellant, v. Isaac M. Marsh et al., Commissioners for Drainage of Lands in the Town of Southfield, et al., Respondents. People ex rel. Nelson v. Marsh, 82 App. Div. 571, affirmed. (Argued April 28, 1904; decided May 17, 1904.) Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department entered. May 4, 1903, which affirmed an order of a Trial Term denying a motion for a peremptory writ of mandamus to compel the defendant commissioners to levy an assessment for the payment of certain drainage bonds. John B. Bos Bassos, John Murray Mitchell, Samuel W. Bower and Bdmund F. BEardvng for appellant. Jolvn J. Belcmy, Corporation Counsel (Theodore Connoly and George L. Sterli/ng of counsel), for city of New York, respond ent. George J. Greenfield for commissioners, respondents. [MAJORITY] Order affirmed, .with costs; no opinion. Concur: Gray, Bartlett, Vann and Werner, JJ. Not voting: Parker, Ch. J., and O’Brien, J. Absent: Haight, J.