People ex rel. Harding v. O'Brien

Order affirmed, without costs, upon the grounds, first, that the writ herein was not made returnable forthwith, nor was the same made returnable before the term which granted it, nor upon the first day of a future term, as provided by section 2095 of the Code of Civil Procedure; second, that the petition upon which the alternative writ is issued fails to set forth facts sufficient to give the court jurisdiction to issue the same. Jenks, P. J., Mills, Rich, Putnam and Blackmar, JJ., concurred.