Board of Water Commissioners v. City of Corning

Majority

p. 570

The Board of Water Commissioners of the City of Corning, Appellant, v. City of Corning, Respondent. Same, Appellant, v. Same, Respondent.

Headnote

Bd. Water Comrs. City of Corning v. City of Corning, 140 App. Div. 11 , affirmed.

(Argued February 20, 1911;

decided March 14, 1911.)

Appeal, by permission, from two orders of the Appellate Division of the Supreme Court in the fourth judicial depart

p. 571

ment, entered July 12, 1910, which reversed two orders of Special Term denying motions to vacate a judgment heretofore entered by default in an action to recover for water used for municipal purposes and granted said motions.

The following question was certified : “ Has the plaintiff, under the provisions of chapter 195 of the Laws of 1906, the right in this action to recover of the defendant for water used for municipal purposes ? ”

Waldo W. Willard for appellant.

James O. Sebring for respondent.

Order in each case affirmed, without costs, on the ground that the plaintiff’s remedy is by mandamus against the municipal officers; question certified answered in the negative; no opinion.

Concur : Cullen, Ch. J., Gray, Vann, Werner, Willard Bartlett and Chase, JJ. Absent: Haight, J.