People Bd. of Hlt., Village of Friendship v. Fries
The People of the State of New York Ex Rel. the Board of Health of the Village of Friendship, Appellant, v. George W. Fries, Respondent
People Bd. of Hlt., Vill. of Friendship v. Fries, 82 N.E. 1131 (N.Y. 1907)
Summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 22, 1905, which reversed an interlocutory judgment of Special Term overruling a demurrer to an alternative writ of mandamus, and sustained such demurrer in an action to compel the abatement of an alleged nuisance.
The following question was certified: “ Was mandamus authorized to enforce the direction or order of the relator, Board of Health of the village of Friendship, requiring the defendant, George W. Fries, to abate or remove the nuisance complained of % ”
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Order affirmed, with costs ; question certified answered in the negative, on opinion below.
Concur: Cullen, Oh. J., O’Brien, Edward T. Bartlett, Haight, Vann and Chase, JJ. Not sitting: Hisc'ook J.
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