People ex rel. Harvey v. Cannon

We are of the opinion that the special term was required to decide the rights of the relator, even though William H. Winnie, who is alleged to be present incumbent of the office, was not a party to the proceeding, and that its order denying such determination until said incumbent was brought into the proceeding was erroneous. The final order is reversed, and proceedings remitted to the special term for decision and judgment; costs to abide the final award of costs.