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30, 1914, which affirmed an order of Special | Martin Conboy, both of New York City, for reTerm denying a motion for leave to renew a spondent. motion for a new trial upon the ground of newly discovered evidence. William E. Mowbray, in pro. per. Herbert R. Limburg, of New York City, for respondent.

PER CURIAM. Appeal dismissed with costs. WERNER HISCOCK, CHASE, COLLIN, HOGAN, MİLLER, and CARDOZO, JJ., con

cur.

MULLIGAN, Appellant, v. COCKS et al., Respondents. (Court of Appeals of New York. Oct. 23, 1914.) Appeal from a judgment of the Appellate Division of the Supreme Court in the First Judicial Department (150 App. Div. 246, 134 N. Y. Supp. 1028), entered May 7, 1912, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term in an action to foreclose a mortgage on real property. Anthony J. Griffin and William G. Mulligan, both of New York City, for appellant. Gerrit Smith, Joseph P. Howe, and Truman H. Baldwin, all of New York City, for respondents.

PER CURIAM. Judgment affirmed, with costs.

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MURPHY, Appellant, v. BRITT et al., Respondents. (Court of Appeals of New York. Aug. 28, 1914.) Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department (149 N. Y. Supp. 79), entered August 26, 1914, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel defendants at the coming primary and general election in 1914, to certify to the existence of a vacancy in the office of a justice of the City Court of the City of New York, formerly occupied by Thomas F. Donnelly and now occupied by William L Ransom, and calling for the election of a successor to the said Donnelly and Ransom, and requiring the respondents and each of them to print ballots at the primary and general election containing the nominations to succeed the said Donnelly and Ransom, and requiring the respondents to print the name or names of any designations and nominations for the office of justice of the City Court of the City of New York to be voted for at the primary or general election in 1914. Ellwood M. Rabenold and James A. Foley, both of New York City, for appellant. Frank L. Polk, Corp. Counsel, of New York City (Louis Marshall and Samuel J. Rosensohn, both of New York City, of counsel), for respondents.

PER CURIAM. Order of Appellate Division affirmed, without costs, on per curiam opin

ion below.

WERNER,

CHASE, COLLIN, CUDDEBACK, HOGAN, MILLER, and CARDOZO, JJ., concur.

PER CURIAM. Order affirmed, with costs, on opinion of McLaughlin, J., below.

WILLARD BARTLETT, C. J., and WERNER HISCOCK, HOGAN MILLER, and CARDOZO, JJ, concur. COLLIN, J., dissents.

NEWCOMB, Respondent, v. LA ROE, Appellant. (Court of Appeals of New York. Oct. 6, 1914.) Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the First Judicial Department (160 App. Div. 819, 146 N. Y. Supp. 133), entered May 14, 1914, modifying, and affirming as modified, a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term in an action to construe the will of H. Victor Newcomb, deceased. The motion was made upon the ground that the Court of Appeals had no jurisdiction to entertain the appeal, no question of law being involved. D. Cady Herrick, of Albany, for the motion. Nelson L. Robinson, of New York City, opposed. PER CURIAM. Motion denied, with $10

costs.

NITRO POWDER CO., Appellant, v. MARX & RAWOLLE, Respondent. (Court of Appeals of New York. Oct. 23, 1914.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Third Judicial Department (148 App. Div. 571, 133 N. Y. Supp. 151), entered January 9, 1912, which affirmed a judgment in favor of the defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for an alleged breach of contract. Arthur C. Connelly, Howard Chipp, and E. Metzger, all of Kingston, for appellant. Warren Bigelow and Alfred W. Varian, both of New York City, for respondent. PER CURIAM. Judgment affirmed, with

costs.

WERNER, HISCOCK, CHASE, COLLIN, HOGAN, MILLER, and CARDOZO, JJ., concur.

NORTH SIDE BANK OF BROOKLYN v. QUEENS HOME REALTY & CONSTRUC TION CO. et al. (Court of Appeals of New York. June 18, 1914.) Appeal from an order of the Appellate Division of the Supreme Court in the Second Judicial Department (162 App. Div. 156, 147 N. Y. Supp. 243), entered May 12, 1914, which reversed an order of Special Term adjudging that the Rickert-Finley Realty Company had a first lien on certain surplus moneys arising from a sale in foreclosure. See, also, 147 N. Y. Supp. 1129. Paris S. Russell and John Ingle, Jr., both of New York City, for appellant. R. Leslie Smith, of New York City, for respondent.

PER CURIAM. Order affirmed, with costs. WILLARD BARTLETT, C. J., and WERNER, HISCOCK, CHASE, HOGAN, MIL

NASSAU HOTEL CO., Respondent, v. BAR-LER, and CARDOZO, JJ., concur. NETT & BARSE CORPORATION, Appellant, et al. (Court of Appeals of New York. July 14, 1914.) Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the First Judicial Department (162 App. Div. 381, 147 N. Y. Supp. 283), entered May 14, 1914, which affirmed an order of Special Term overruling a demurrer to the complaint in an action to obtain the cancellation and rescission of two written agreements. The following question was certified: "Does the complaint state facts sufficient to constitute a cause of action?" George W. Morgan, Henry H. Abbott and Hiram Thomas, all of New York

O'NEILL, Appellant, v. WALDO, Police Com'r, Respondent. (Court of Appeals of New York. July 14, 1914.) Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department (160 App. Div. 932, 145 N. Y. Supp. 1136), entered January 30, 1914, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel defendant to retire the petitioner, a policeman, on the half pay of a detective of the first grade. Loyal Leale, of New York City, for appellant. Frank L. Polk,

ley, of New York City, of counsel), for respond

ent.

PEOPLE, Respondent, v. CORNELIUS, ApPER CURIAM. Order affirmed, with costs. pellant. (Court of Appeals of New York. July WILLARD BARTLETT, C. J., and WER-14, 1914.) Appeal from an order of the Appel

NER, HISCOCK, CHASE, HOGAN, MIL-
LER, and CARDŐZO, JJ., concur.

ORR et al., Appellants, v. ORR et al., Respondents. (Court of Appeals of New York. Oct. 23, 1914.) Appeal from a judgment of the Appellate Division of the Supreme Court in the First Judicial Department (147 App. Div. 753, 133 N. Y. Supp. 48), entered January 7, 1912 affirming a judgment in favor of defendants en tered upon the dismissal of the complaint by the court on trial at Special Term in an action for the construction of a will and for an accounting. Patrick Rooney and George B. Hayes, both of New York City, for appellants. Alfred B. Cruikshank, of New York City, for respondents.

PER CURIAM. costs.

Judgment affirmed, with

WERNER, HISCOCK, CHASE, COLLIN, HOGAN, and CARDOZÓ, JJ., concur. MIL LER, J., not sitting.

PEOPLE, Respondent, v. ALLESSI, Appellant. (Court of Appeals of New York. June 18, 1914.) Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the Second Judicial Department (160 App. Div. 909, 144 N. Y. Supp. 1134), entered December 31, 1913, which affirmed a judgment of the Kings County Court rendered upon a verdict convicting the defendant of the crime of assault in the second degree. The motion was made upon the ground of failure to file the required return. James C. Cropsey, Dist. Atty., of Brooklyn, for the motion.

PER CURIAM. Motion granted, and appeal dismissed.

PEOPLE, Respondent, v. BOUGH, Appellant. (Court of Appeals of New York. July 14, 1914.) Appeal from an order of the Appellate Division of the Supreme Court in the Second Judicial Department (155 App. Div. 913, 140 N. Y. Supp. 1135), entered February 7, 1913, which affirmed a judgment of the Kings County Court rendered upon a verdict convicting the defendant of the crime of grand larceny in the second degree. Andrew Byrne, of New York City, for appellant. James C. Cropsey, Dist. Atty., of Brooklyn (Edward A. Freshman, of Brooklyn, of counsel), for the People.

PER CURIAM. Judgment of conviction affirmed. WILLARD BARTLETT, C. J., and WERNER, COLLIN, HOGAN, MILLER, and CARDOZO, JJ., concur. HISCOCK, J., absent.

PEOPLE, Respondent, v. BRESSEN, Appellant. (Court of Appeals of New York. July 14, 1914.) Appeal from a judgment of the Supreme Court, rendered May 4, 1914, at a Trial Term for the county of Kings, upon a verdict convicting the defendant of the crime of murder in the first degree. Frank X. McCaffry, of Brooklyn, for appellant. James C. Cropsey, Dist. Atty., of Brooklyn (Hersey Egginton and Edward A. Freshman, both of Brooklyn, of counsel), for the People.

PER CURIAM. Judgment of conviction affirmed.

WILLARD BARTLETT, C. J., and WERNER, CHASE, COLLIN, CUDDEBACK, HOGAN, and CARDOZO, JJ., concur.

late Division of the Supreme Court in the Third Judicial Department (157 App. Div. 884, 141 N. Y. Supp. 1136), entered May 7, 1913, which affirmed a judgment rendered at an extraordinary Trial Term for the county of Albany upon a verdict convicting the defendant of the crime of embracery. S. J. Daring, of Albany, George M. Palmer, of Cobleskill, and John H. Dugan, of Albany, for appellant. Harold D. Alexander, Dist. Atty., of Albany, for the People.

PER CURIAM. Judgment of conviction affirmed.

WILLARD BARTLETT, C. J., and WERNER, HISCOCK, COLLIN, HOGAN, MILLER, and CARDOZO, JJ., concur.

PEOPLE, Respondent, v. COYER, Appellant. (Court of Appeals of New York. July 14,

1914.) Appeal from a judgment of the Supreme Term for the county of Cattaraugus, upon a Court, rendered December 19, 1913, at a Trial verdict convicting the defendant of the crime of murder in the first degree. D. E. Powell, of Cattaraugus, for appellant. Archibald M. Laidlaw, for the People.

PER CURIAM. Judgment of conviction affirmed.

WILLARD BARTLETT, C. J., and WERNER, CHASE, COLLIN, HOGAN, and CARDOZÓ, JJ., concur. CUDDEBACK, J., not voting.

PEOPLE, Respondent, v. DI GIOIA, Appellant. (Court of Appeals of New York. July 14, 1914.) Appeal from a judgment of the Supreme Court, rendered November 25, 1913, at a Trial Term for the county of Erie, upon a vermurder in the first degree. dict convicting the defendant of the crime of Paul Sheehan, of Buffalo, for appellant. Wesley C. Dudley, Dist. Atty., of Buffalo (Guy B. Moore, of Buffalo, of counsel), for the People.

PER CURIAM. Judgment of conviction affirmed.

WILLARD BARTLETT, C. J., and WERNER, CHASE, COLLIN, CUDDEBACK, HOGAN, and CARDOZO, JJ., concur.

PEOPLE, Respondent, v. JAMES BUTLER, Inc., Appellant. (Court of Appeals of New York. Oct. 23, 1914.) Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the Second Judicial Department (148 App. Div. 928, 133 N. Y. Supp. 1137), entered January 19, 1912, which affirmed a judgment of the Municipal Court of the city of New York in favor of plaintiff in an action to recover a penalty for an alleged violation of the provision of the Agricultural Law prohibiting the sale of adulterated food. Hieronimus A. Herold and John H. Rogan, both of New York City, for appellant. Thomas Carmody, Atty. Gen. (Charles M. Stern, of Albany, of counsel), for the People.

PER CURIAM. Judgment affirmed, with costs.

WERNER, HISCOCK, CHASE, COLLIN, MILLHOGAN, and CARDOZO, JJ., concur. ER, J., not sitting.

pellant. (Court of Appeals of New York. July PEOPLE, Respondent, v. McKENNA, Ap14, 1914.) Appeal from a judgment of the Court of General Sessions of the Peace in the county of New York, rendered October 31, 1912, upon a verdict convicting the defendant of the crime of murder in the first degree. Otto A. Glasberg, Albert H. Vitale, and Julius C. Feder,

all of New York City, for appellant. Charles S. | pointment of the superintendent to be the true Whitman, Dist. Atty., of New York City (Robert C. Taylor, of New York City, of counsel), for the People.

PER CURIAM. Judgment of conviction affirmed.

WILLARD BARTLETT, C. J., and WERNER, CHASE, COLLIN, CUDDEBACK, HOGAN, and CARDOZO, JJ., concur.

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and lawful attorney of such corporation in and for this state, upon whom all lawful process in any action or proceeding against the corporation may be served, is guilty of a misdemeanor. Isham Henderson, of New York City, for appellants. Charles S. Whitman, Dist. Atty., of New York City (Joseph W. Keller and James P. Conway, both of New York City, of counsel), for the People.

PER CURIAM. Judgment of conviction affirmed, on the ground that the records contains no exception sufficient to raise the principal question argued by the appellants.

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I WILLARD BARTLETT, C. J., and WERNER, CHASE, COLLIN, CUDDEBACK, HOGAN, and CARDOZO, JJ., concur.

PEOPLE, Respondent, v. MANGHAVITA, Appellant. (Court of Appeals of New York. July 14, 1914.) Appeal from an order of the Appellate Division of the Supreme Court in the Second Judicial Department (146 N. Y. Supp. 1105), entered April 3, 1914, which affirmed a judgment of the Kings County Court rendered upon a verdict convicting the defendant of the crime of assault in the first degree. Frank X. McCaffry, of Brooklyn, for appellant. James C. pellant. (Court of Appeals of New York. July PEOPLE, Respondent, v. ROBINSON, ApCropsey, Dist. Atty., of Brooklyn (Edward A. 14, 1914.) Appeal from an order of the ApFreshman, of Brooklyn, of counsel), for the Peo-pellate Division of the Supreme Court in the ple.

First Judicial Department (146 N. Y. Supp. PER CURIAM. Judgment of conviction af- 1105), entered April 3, 1914, which affirmed a firmed. judgment rendered at a Trial Term for the WILLARD BARTLETT, C. J., and WER-county of New York upon a verdict convicting NER, COLLIN, HOGAN, MILLER, and CAR- the defendant of the crime of extortion. Robert DOZO, JJ., concur. HISCOCK, J., absent. H. Elder, of New York City, for appellant. Charles S. Whitman, Dist. Atty., of New York City (Robert C. Taylor, of New York City, of counsel), for the People.

PEOPLE, Respondent, v. MARTIN, Appellant. (Court of Appeals of New York. July 14, 1914.) Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department (162 App. Div. 908, 146 N. Y. Supp. 1105), entered March 20, 1914, which affirmed a judgment of the Court of General Sessions of the Peace rendered upon a plea by defendant of guilty of forgery in the second degree. Charles G. F. Wahle, of New York City, for appellant. Charles S. Whitman, Dist. Atty., of New York City (Robert C. Taylor, of New York City, of counsel), for the People.

PER CURIAM. Judgment of conviction affirmed.

WILLARD BARTLETT, C. J., and WERNER, COLLIN, HOGAN. MILLER, and CARDOZO, JJ., concur. HISCOCK, J., not voting.

PEOPLE v. METROPOLITAN SURETY CO. H. B. SMITH CO. v. YAWGER. (Court of Appeals of New York. June 16, 1914.)

PER CURIAM. Motion for reargument denied, with $10 costs. See 211 N. Y. 107, 105 N. É. 99.

PER CURIAM. Judgment of conviction affirmed.

WILLARD BARTLETT, C. J., and WERNER, HISCOCK, COLLIN, HOGAN, MILLER, and CARDOZO, JJ., concur.

PEOPLE, Respondent, v. ROTHENBURG, Appellant. (Court of Appeals of New York. July 14, 1914.) Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department (162 App. Div. 907, 146 N. Y. Supp. 1106), entered March 20, 1914, which affirmed a judgment rendered at an extraordinary Trial Term for the county of New York upon a verdict convicting the defendant of the crime of arson in the third degree. Rehearing denied 106 N. E. 1038. John M. Gardner, George Gordon Battle, and Leonard F. Fish, all of New York City, for appellant. Charles S. Whitman, Dist. Atty., of New York City (James W. Osborne and James W. Osborne, 2d, both of New York City, of counsel), for the People.

PER CURIAM. Judgment of conviction af-
firmed.
WILLARD BARTLETT, C. J., and WER-
NER, CHASE, COLLIN, CUDDEBACK, HO-

PEOPLE V. PINDAR. (Court of Appeals of GAN, and CARDOZO, JJ., concur.
New York. June 9, 1914.)

PER CURIAM. Motion for reargument denied. See 210 N. Y. 191, 104 N. E. 133; 104 N. E. 1137.

PEOPLE, Respondent, v. PINKNEY et al., Appellants. (Court of Appeals of New York. July 14, 1914.) Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department (147 N. Y. Supp. 1132), entered May 1, 1914, which affirmed a judgment of the Court of Special Sessions of the City of New York convicting the defendants of a violation of section 1199 of the Penal Law, which provides that "any person acting for himself or for others not having been specially licensed, as provided by law, by the superintendent of insurance, who solicits or procures, or aids in the solicitation or procurement of policies or certificates of insurance from, or adjusts losses or in any manner aids the transaction of any business for, any foreign insurance corporation, which has not executed and filed in the office of

PEOPLE, Respondent, v. ROTHENBURG, Appellant. (Court of Appeals of New York. Oct. 6, 1914.)

PER CURIAM. Motion for reargument denied. See 212 N. Y. 576, 106 N. E. 1038.

PEOPLE, Respondent, v. SARZANO, Appellant. (Court of Appeals of New York. Oct. 6, 1914.)

PER CURIAM. Motion for reargument denied. See 212 N. Y. 231, 106 N. E. 87.

PEOPLE ex rel. BOWDEN, Appellant, v. WALDO, Police Com'r, Respondent. (Court of Appeals of New York. June 18, 1914.) Appeal from an order of the Appellate Division of the Supreme Court in the Second Judicial Department (159 App. Div. 924, 144 N. Y. Supp. 1137), entered November 28, 1913, which dismissed a writ of certiorari and confirmed

the relator from the police force of the city of New York. William E. Murphy and Joseph E. Cavanaugh, both of New York City, for appellant. Frank L. Polk, Corp. Counsel, of New York City (James D. Bell, of Brooklyn, of counsel), for respondent.

PER CURIAM. Order affirmed, with costs. WILLARD BARTLETT, C. J., and WERNER, HISCOCK, CHASE, HOGAN, MILL ER, and CARDOZO, JJ., concur.

PEOPLE ex rel. CARVALHO et al. v. WARDEN OF CITY PRISON. (Court of Appeals of New York. Oct. 23, 1914.) Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department (144 App. Div. 24, 128 N. Y. Supp. 837), entered April 13, 1911, which affirmed an or der of Special Term sustaining writs of habeas corpus and discharging the relators from custody. Charles S. Whitman, Dist. Atty., of New York City (Robert S. Johnstone, of New York City, of counsel), for appellant. Clarence J. Shearn, of New York City, for respondents. PER CURIAM. Order affirmed. WERNER, HISCOCK, COLLIN, HOGAN, and CARDOZO, JJ., concur. CHASE, J., not voting. MILLER, J., not sitting.

PEOPLE ex rel. CITY OF YORK v. DICKEY et al. (Court of Appeals of New York. Oct. 6, 1914.)

PER CURIAM. Motion for reargument denied, with $10 costs. See, also, 211 N. Y. 599, 105 N. E. 1094; 148 N. Y. Supp. 1136; 106 N. E. 1039.

PEOPLE ex rel. CITY OF NEW YORK v. DICKEY et al. (Court of Appeals of New York. Oct. 20, 1914.) Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department (163 App. Div. 948, 148 N. Y. Supp. 1136), entered June 19, 1914, which dismissed a writ of certiorari and affirmed a determination of the defendant commissioners awarding damages to defendants, respondents, under the change of grade damage acts. See, also, 106 N. E. 1039. Frank L. Polk, Corp. Counsel, of New York City (Charles J. Nehrbas, of New York City, of counsel), for appellant. Barclay E. V. McCarty and John M. Harrington, both of New York City, for respondents.

PER CURIAM. Order affirmed, with costs. WERNER, HISCOCK, CHASE, COLLIN, HOGAN, MILLER, and CARDOZO, JJ., con

cur.

Judicial Department (161 App. Div. 745, 147 N. Y. Supp. 186), entered April 17, 1914, which sustained a writ of certiorari and annulled the proceedings of the defendant in dismissing the relator from the position of assistant engineer in the topographical bureau in the borough of Queens. Frank L. Polk, Corp. Counsel, of New York City (William E. C. Mayer, Terence Farley, and Elliot S. Benedict, all of New York City, of counsel), for appellant. Edward M. Grout and F. Sidney Williams, both of New York City, for respondent.

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PEOPLE ex rel. DAILY CREDIT SERVICE CORPORATION, Respondent, v. MAY, Secretary of State, Appellant. (Court of Appeals of New York. June 18, 1914.) Appeal from an order of the Appellate Division of the Supreme Court in the Third Judicial Department (162 App. Div. 215, 147 N. Y. Supp. 487), entered May 13, 1914, which reversed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the defendant to receive and file a proposed amended certificate of incorporation and granted said motion. Thomas Carmody, Atty. Gen. (Wilber W. Chambers, of New York City, of counsel), for appellant. Samuel S. Koenig and Oliver L. Goldsmith, both of New York City, for respond

ent.

PER CURIAM. Order affirmed, with costs, on opinion of Woodward, J., below.

WILLARD BARTLETT, C. J., and WERNER, HISCOCK, CHASE, HOGAN, MILLER, and CARDOZO, JJ., concur.

PEOPLE ex rel. DAMATO, Appellant, v. KEMPNER, City Magistrate, Respondent. (Court of Appeals of New York. Oct. 23, 1914.) Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the Second Judicial Department (163 App. Div. 966, 148 N. Y. Supp. 1136), entered June 12, 1914, which reversed an order of Special Term sustaining a writ of habeas corpus and discharging the relator from custody. The motion was made upon the ground that the appellant was a fugitive from justice and also that the question involved was academic. James C. Cropsey, Dist. Atty., of Brooklyn for the motion. William A. Purrington, of New (Harry G. Anderson, of Brooklyn, of counsel), York City, opposed.

PER CURIAM. Motion granted, and appeal dismissed.

PEOPLE ex rel. CONEY ISLAND JOCKEY CLUB, Respondent, v. PURDY et al., Commissioners of Taxes and Assessments of the PEOPLE ex rel. EVARTS et al., Appellants, City of New York, Appellants. (Court of Ap-V. MUNICIPAL COURT OF CITY OF NEW peals of New York. Oct. 6, 1914.) Motion to YORK, BOROUGH OF MANHATTAN, dismiss an appeal from an order of the Appel-NINTH DIST., et al., Respondents (two cases). late Division of the Supreme Court in the Second Judicial Department (161 App. Div. 943, 146 N. Y. Supp. 1106), entered February, 1914, which affirmed an order of Special Term reducing an assessment of property of the relator for purposes of taxation. The motion was made upon the ground that no question of law was involved. Latham G. Reed, of New York City, for the motion. Eugene Fay, of New York City, opposed.

PER CURIAM. Motion denied, without costs.

(Court of Appeals of New York. Oct. 13, 1914.) Appeal, in each of the above-entitled proceedings, from an order of the Appellate Division of the Supreme Court in the First Judicial Department (162 App. Div. 477, 147 N. Y. Supp. 615), entered May 15, 1914, which affirmed an order of Special Term denying a motion for an absolute writ of prohibition. See, also, 148 N. Y. Supp. 1137. Charles Strauss and Eugene D. Boyer, both of New York City, for appellants. Herbert G. McLear and Robert E. McLear, both of New York City, for respondents.

PER CURIAM. Order, in each case, affirmed, with costs.

PEOPLE ex rel. CROWELL, Respondent, v. CONNOLLY, Borough President, Appellant. (Court of Appeals of New York. Oct. 20, WERNER, HISCOCK, CHASE, COLLIN, 1914.) Appeal from an order of the Appellate HOGAN, MILLER, and CARDOZO, JJ., conDivision of the Supreme Court in the Second cur.

PEOPLE ex rel. FORTY-SECOND ST., M. & ST. N. AVE. RY. CO. v. STATE BOARD OF TAX COM'RS (CITY OF NEW YORK. Intervener). (Court of Appeals of New York. Sept. 29, 1914.) Cross-Appeals from an order of the Appellate Division of the Supreme Court in the First Judicial Department (157 App. Div. 760, 142 N. Y. Supp. 1010), entered December 31, 1913, which reversed an order of Special Term and reduced an assessment by the state board of tax commissioners upon special franchises of the relator for purposes of taxation. Thomas Carmody, Atty. Gen. (William A. McQuaid, of New York City, of counsel), for State Board of Tax Com'rs. Frank L. Polk, Corp. Counsel, of New York City (Curtis A. Peters and Addison B. Scoville, both of New York City, of counsel), for City of New York. Joseph P. Cotton and George S. Franklin, both of New York City, for relator.

PER CURIAM. Order affirmed, without costs, on opinion in People ex rel. Third Avenue R. R. Co. v. State Board of Tax Com'rs, 212 N. Y. 472, 106 N. E. 325.

WERNER, HISCOCK, CHASE, COLLIN, CUDDEBACK, and HOGAN, JJ., WILLARD BARTLETT, C. J., not voting.

concur.

PEOPLE ex rel. GENESEE LIGHT & POWER CO., Appellant, v. SOHMER, State Comptroller, Respondent. (Court of Appeals of New York. Oct. 20, 1914.) Appeal from an order of the Appellate Division of the Supreme Court in the Third Judicial Department (162 App. Div. 207, 147 N. Y. Supp. 726), entered May 12, 1914, which confirmed, on certiorari, a determination of the defendant refusing to revise and readjust a franchise tax assessed against the relator for the year ending October 31, 1911. Elton H. Beals and Fred D. Corey, both of Buffalo, for appellant. James A. Parsons, Atty. Gen. (Franklin Kennedy, of Albany, of counsel), for respondent.

PER CURIAM. Order affirmed, with costs. WERNER, HISCOCK, CHASE, COLLIN, HOGAN, and MILLER, JJ., concur. CAR DOZO, J., absent.

PEOPLE ex rel. GROSS, Appellant, V. HAYES, Warden of City Prison, Respondent. (Court of Appeals of New York. July 14, 1914.) Appeal from an order of the Appellate Division of the Supreme Court in the Second Judicial Department (148 N. Y. Supp. 1137), entered June 12, 1914, which affirmed an order of Special Term dismissing a writ of habeas corpus and remanding the relator to custody. The relator alleged that the commitment under which she was held was void, being based on a judgment entered pursuant to direction of one illegally holding the office of county judge. Robert H. Elder and Otho S. Bowling, both of New York City, for appellant. James C. Cropsey, Dist. Atty., of Brooklyn (Hersey Egginton and Edward A. Freshman, both of Brooklyn, of counsel), for respondent.

PER CURIAM. Order affirmed, on authority of People ex rel. Snyder v. Hylan, 212 N. Y. 236, 106 N. E. 89.

WILLARD BARTLETT, C. J., and WER

NER, CHASE, COLLIN, HOGAN, and CARDOZÓ, JJ., concur. CUDDEBACK, J., not voting.

PEOPLE ex rel. HAYES, Appellant, v. WALDO, as Police Com'r., et al., Respondents. (Court of Appeals of New York. Oct. 6, 1914.) PER CURIAM. Motion for reargument denied, with $10 costs. See 212 N. Y. 156, 105

PEOPLE ex rel. INGERSOLL, Appellant, v. SMITH et al., Respondents. (Court of Appeals of New York. June 18, 1914.) Appeai from an order of the Appellate Division of the Supreme Court in the Third Judicial Department (158 App. Div. 894, 142 N. Y. Supp. 1137), entered July 17, 1913, which confirmed, on certiorari, the proceedings of the board of trustees of the village of St. Johnsville in narrowing a street in said village. Edward R. Hall, of St. Johnsville, for appellant. George C. Butler, of St. Johnsville, for respondent village trustees. Joseph L. Moore, of Fort Plain, for respondent Union Mills.

PER CURIAM. Order affirmed, with costs. WILLARD BARTLETT, C. J., and WERNER, HISCOCK, CHASE, HOGAN, MILLER, and CARDOZO, JJ., concur.

PEOPLE ex rel. JOLINE et al. v. STATE BOARD OF TAX COM'RS. (CITY OF NEW YORK, Intervener.) (Court of Appeals of New York. Oct. 20, 1914.) Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department (144 N. Y. Supp. 74), entered February 6, 1914. which modified and affirmed as modified an order of Special Term reducing assessments against special franchises of the relator. Arthur H. Masten, William M. Coleman, Ralph Norton, and Alfred Ely, Jr., all of New York City, for relators. James A. Parsons, Atty. Gen. (William A. McQuaid, of New York City, of counsel), for defendant. Frank L. Polk, Corp. Counsel, of New York City (Curtis A. Peters and Addison B. Scoville, both of New York City, of counsel), for intervener.

PER CURIAM. Order affirmed.

WERNER, HISCOCK, CHASE, COLLIN, HOGAN, MILLER, and CARDOZO, JJ., con

cur.

PEOPLE ex rel. LYNCH, Appellant, v. WALDO, Police Com'r, Respondent. (Court of Appeals of New York. June 18, 1914.) Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department (155 App. Div. 134, 139 N. Y. Supp. 1044), entered February 7, 1913, which dismissed a writ of certiorari and confirmed the proceedings of the defendant in dismissing the relator from the police department of the city of New York. Florence J. Sullivan, Edwin W. Cady, and Raymond D. Fuller, all of New York Frank L. Polk, Corp. Counsel, of New York City (Terence Farley, of City, for appellant. New York City, of counsel), for respondent.

PER CURIAM. Order affirmed, with costs. WILLARD BARTLETT, C. J., and WERNER, HISCOCK, CHASE, MILLER, and CARDOZO, JJ., concur. HOGAN, J., dissents.

PEOPLE ex rel. MacNISH, Respondent, v. WALDO, Police Com'r, Appellant. (Court of Appeals of New York. Oct. 20, 1914.)

PER CURIAM. Motion for reargument denied, with $10 costs. See 212 N. Y. 348, 106 N. E. 116.

Co. v. STATE BOARD OF TAX COM RS (CITY OF NEW YORK, Intervener). (Court of Appeals of New York. Oct. 20, 1914.) Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department (159 App. Div. 136, 144 N. Y. Supp. 74), entered February 6, 1914, which modified, and affirmed as modified, an order of Special Term reducing assessments against the special franchises of the relator. See, also, 145 N. Y. Supp.

PEOPLE ex rel. METROPOLITAN ST. RY.

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