People ex rel. McCully v. Commissioners of Excise — 44 N.Y. St. Rep. 935

Majority

p. 935

The People ex rel. Robert McCully, App’lt, v. The Commissioners of Excise of the City of New York, Resp’t.

Headnote

Appeal from an order of the special term denying appellant’s application for a writ of mandamus, etc.

Ezra A. Tuttle, for app’lt; Edward Browne, for resp’t.

Our examination of the record in this case satisfies us that the justice who heard the application at the special term was right in refusing to grant the writ of mandamus for which the relator asked.

The order below will, therefore, be affirmed, with costs and disbursements.

Van Brunt, P. J., and Lawrence, J., concur.