Majority
p. 879In the Matter of the Application of the Erie Railroad Company, for Itself and as Lessee, etc., Respondent, for a Writ of Certiorari Directed to Charles Walradt and Others, as Assessors of the Town of Harmony, County of Chautauqua, New York, Appellants.
Order affirmed, with ten dollars costs and disbursements. All concur, except Davis, J., who dissents on the ground that jurisdiction was lost when the petitioner failed to make service of the writ before the day set for the return and hearing at Special Term.