Porter v. Fletcher — 211 N.Y. 524

Majority

p. 524

Nelson W. Porter et al., Appellants, v. Ernest T. Fletcher et al., Respondents.

Headnote

Porter-v.- Pletch'er, 158 App. Div. 470 , affirmed.

(Argued April 3, 1914;

decided April 21, 1914.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department,

p. 525

entered November 27, 1912, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term without a jury in a taxpayer’s action to restrain the board of supervisors of Franklin county from auditing and including in its tax levy certain claims.

John M. Cantwell for appellants.

George J. Moore for respondents.

Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Oh. J., Werner, Collin, CUDDEBAOK, HOGAN, HORNBLOWER and CARDOZO, JJ.