Cooper v. Paris

Kellogg, J. A., J.

The petitioner, John E. Cooper, has applied to this court for a peremptory writ of mandamus directing and commanding the respondents, constituting the board of trustees of the village of Hudson Falls, H. Y., to reinstate said petitioner in the position of engineer of the steamer used by the fire department of said village.

Upon the hearing at Special Term, certain preliminary objections were interposed in behalf of the trustees. Inasmuch as these so-called- preliminary objections affect the merits of the application, they may be considered overruled as preliminary objections,…