Majority
p. 492The People ex rel. Cyrus Jefferson, Respondent, v. Edgar K. Smith and others, Assessors of the Village of Warsaw, Appel lants.
Judgment affirmed. Held, that the case of the The People v. Gardner ( 51 Barb., 352 ), which decides this case in respect to the same party, must be regarded as the law applicable to this case, until reversed or questioned by a higher court.