People ex rel. Village of Pelham Manor v. New Rochelle Water Co.

This is the trial of issues of law and fact joined upon an alternative writ of mandamus, the second amended return thereto and demurrers interposed to certain alleged defenses, whole or partial, set forth in such reiurn. By stipulation of counsel all the issues were tried before the court at the same Special Term.

Demurrers were interposed to various alleged defenses contained in the first amended return, and the issues of law joined thereby were brought to trial and hearing before Mr. Justice Kelly at Special Term. He sustained certain of the demurrers and overruled others. An appeal was…