People ex rel. Ryder v. Clerk of the Board of Supervisors 142 N.Y. 642

The People ex rel. John L. Ryder, Respondent, v. The Clerk of the Board of Supervisors of Kings County, Appellant.

(Argued April 9, 1894;

decided April 17, 1894.).

Appeal from order of the General Term of the Supreme Court in the second judicial department, entered upon an order made March 5, 1894, which affirmed an order of Special Term directing the issuance of a writ of peremptory mandamus to the defendant herein.

The following is the mem. of decision:

“ This is a controversy between John F. Ryder upon the ope part, and Richard L. Baisley upon the other, to determine which is the - rightful supervisor of the town of Flat-lands, Kings county, for the current year. Both parties desire to have the controversy determined upon its merits, and the question whether it can properly be determined in this proceeding by mandamus against the clerk of the board of supervisors has not been discussed and is not noticed in the briefs submitted to us. We do not, therefore, determine it.

“We are satisfied that the decision of the court below is right upon the merits, and we affirm its decision upon the opinion there pronounced.

“ The order should be affirmed, with costs.”

James C. Ohureh for appellant.

George F. FUiott for respondent.