Majority
p. 899Anna C. Tolman, Respondent, v. Daniel Gillespie and Others, Appellants, Impleaded with John G. Jenkins, Jr., Defendant.
Order affirmed, with ten dollars costs and disbursements, without passing upon the validity of the assessments, and on authority of Morgan v. Fullerton ( 9 App. Div. 233 , 235), as to the proper method of trial of that question. Jenks, P. J., Thomas, Stapleton and Putnam, JJ., concurred; Carr, J., not voting.
Cases cited
- Morgan v. Fullerton 9 App. Div. 233 at 235 p. 899