Risley v. Harlow — 95 N.Y.S. 1156

Majority

p. 1156

RISLEY, Respondent, v. HARLOW et al., Appellants.

(Supreme Court, Appellate Division, Fourth Department.

October 20, 1905.)

Headnote

Action by Adelbert Risley against Charles H, Harlow and others.

Order reversed, with $10‘ costs and disbursements, and motion to vacate previous order for open commission denied, with $10 costs, without prejudice to the right of the-plaintiff to make such further application as-he may be advised. Held, that the county judge-did not have power to make an order vacating-his prior order.

SPRING and HISCOCK, JJ„ dissent from the decision that the county judge did not have-power to make the order vacating his prior-order, and vote for modifying the order appealed from in accordance with the decision of this-court upon the former appeal, and for affirming: the same as so modified.