People v. Lincoln Spring Co. — 115 N.Y.S. 1137

Majority

p. 1137

PEOPLE v. LINCOLN SPRING CO. PEOPLE v. GEYSERS NATURAL CARBONIC GAS CO. PEOPLE v. NEW YORK CARBOXIC ACID GAS CO.

(Supreme Court, Appellate Division, Third Department.

March 24, 1909.)

Headnote

Proceedings by the people of the state i/of New York against the Lincoln Spring Company, against the Geysers Natural Carbonic Gas Company, and against the New York Carbonic Acid Gas Company.

Blotions granted, unless the I defendants, within 10 days from service upon them of copy of this order, withdraw their demurrer and serve an answer, which they are 1 hereby permitted to do, without costs, and unless with the answer they shall serve a stipulation that the case may be tried at the May Albany Trial Term without further notice, unless otherwise directed by the justice presiding at said term. In case said demurrer be [withdrawn and answer served, together with the [stipulation above mentioned, motion is denied. [Order to be settled by CHESTER, J.

KELLOGG, J., dissents.