The People ex rel. Samuel T. Russell, as Supervisor, etc., Appellant, v. The Board of Supervisors of the County of Herkimer, Respondent

The People ex rel. Samuel T. Russell, as Supervisor, etc., Appellant, v. The Board of Supervisors of the County of Herkimer, Respondent. (Submitted October 17, 1890; decided December 2, 1890.) Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made November 15,1887; which affirmed a judgment in favor of defendant, dismissing an alternative writ of mandamus, entered upon a decision of the court on trial at Special Term. The following is the mem. of opinion: “ The question presented in this case has been determined adversely to the defendant in People ex rel. Town of Blenheim v. Board of Supervisors of Schoharie CJowvby (121 N. Y. 345). And upon the authority of that case, the judgments of the General and Special Terms should he reversed and a new trial granted, costs to abide the event.” James B. Rafter for appellant. Edward A. Brown for respondent. [MAJORITY] Per Curiam opinion for reversal. All concur. Judgment reversed.