People ex rel. Ballard v. Moss

BARRETT,. J.

At the November term of last year this case was argued and decided. 34 App. Div. 475, 54 N. Y. Supp. 262. It was then held that, as the return failed affirmatively to show that the witnesses were not sworn, the Kasschau Case, 155 N. Y. 40, 49 N. E. 257, was inapplicable, and the presumption of legal action on the part of public officials attached. Subsequently the relator moved for a rehearing, and upon that motion he presented facts which induced this court to give him an opportunity to move in the court below for an amended return. Our direction was that, should the motion be…