Majority
p. 897The People of the State of New York ex rel. Richard Harding, as Sealer of Weights and Measures of the City of White Plains, Appellant, v. Mortimer C. O’Brien, City Judge of the City of White Plains, and Clinton C. Swackhamer, Respondents.
Order affirmed, without costs, upon the grounds, first, that the writ herein was not made returnable forthwith, nor was the same made returnable before the term which granted it, nor upon the first day of a future term, as provided by section 2095 of the Code of Civil Procedure; second, that the petition upon which the alternative writ is issued fails to set forth facts sufficient to give the court jurisdiction to issue the same. Jenks, P. J., Mills, Rich, Putnam and Blackmar, JJ., concurred.