Majority
p. 404The People ex rel. The West Shore Railroad Co., Resp t, v. Warner Edick et al., Trustees, etc., App’lts. (Supreme Court, General Term, Fourth Department Filed May 23, 1890.)
Headnote
Appeal by the defendants as trustees, and individually from an order of the Onondaga Special Term, May, 1889, entered in Herkimer county July 3, 1889, reducing an assessment against the relator in the village of Little Falls in 1887 from $40,000 to $19,200. Also appeal from order at the same term, and entered in Herkimer county November 8, 1889, denying a motion to strike out certain findings and testimony in the report of the referee.Myron G. Bronner, for app’lts; William B. ■ Lewis, for resp’t.
The main question on this appeal is the same as in the case of the same respondent against Victor Adams and others, the only difference being that it relates to an assessment for the year 1887. The same result follows.
Order entered July 3, 1889, reversed, with ten dollars costs and disbursements, and prayer of petitioner denied, with costs against the petitioner, as upon the trial of an issue of fact in the supreme court.
Appeal from order entered November 8, 1889, dismissed, without costs.
Hardin, P. J., and Martin, J., concur.