People ex rel. Haughawout v. Lantow

Defendants appeal from the orders of the trial court which granted summary judgment in quo warranto proceedings and denied motion to vacate such order. The order, as set out in the record, is as follows:

“The Court finds that the defendants have filed no motion to strike the motion and affidavit in opposition to the motion for Summary Judgment and by reason thereof, the affidavits of plaintiffs in support of their motion are taken as true. That the issue raised by the complaint as to the ouster of defendants is now moot by lapse of time; that this Court now finds the issues for the plaintiffs,…