Franz v. Heiney

The decision of this court handed down on March 13, 1931,* is hereby amended to read as follows: Order denying motion for a peremptory mandamus order affirmed as a matter of law and not as a matter of discretion, with fifty dollars costs and disbursements. No opinion. Lazansky, P. J., Hagarty, Carswell and Tompkins, JJ., concur; Scudder, J., dissents and votes for reversal.