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Mahoney v. Consolidated Water Co.

208 A.D. 790 Court N.Y. App. Div. English

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p. 790
In the Matter of the Application of John H. Mahoney, Respondent, for a Peremptory Order against The Consolidated Water Company of Suburban
p. 791
New York, etc., Appellant.

Order of peremptory mandamus modified by changing the same to order of alternative mandamus, with costs to abide the event. We think the answering affidavits raised an issue of fact, and that, therefore, an alternative order of mandamus should have first issued, pursuant to section 1319 of the Civil Practice Act. Kelly, P. J., Rich, Manning, Kelby and Young, JJ., concur.