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1 People ex rel George W. Miller, Respondent, vs. James Dick, et al. as Board of Inspectors of the First Election District of the Second Ward of the City of Ithaca, N.Y. 1903

handle is hein.trials/abcv0001 and id is 1 raw text is: 5upreme Court APPELLATE DIVISION: THIRD DEPARTMENT THE PEOPLE EX REL. GEORGE W. MILLER, Respondent, JA-IES DICK, el al, as Board of Inspectors of the First Elec- tion District of the Second Ward of the City of Ithaca, N. Y. ; James Herson and Alfred M. Dick as poll clerks thereof ; the Common Council of the City of Ithaca, N. Y., and Arthur G. Marion as Clerk thereof, and of( said City. JAMES DICK, VILLIAM E. PERRY, ALFRED MI. DICK, ARTHUR G. MARION, W\ILLIAM R. GUNDER1MTAN, A. B. KENNEDY, EUGENE BAKER, WILLARD W. ROWLEE,9 FRANCIS M. RITES and DAVID ROE, JR., Appellants. POINTS OF APPELLANTS This is an appeal, in mandamus proceedings, from a final order, or judgment, (fols. 5,41-551) of the supreme court, at the Binghamton special term held by Mr. Jus- tice SEWELL on the 9th of February 1903, entered upon a decisi6n of the court containing findings of fact and conclusions of law (fo/s. 529-539) after the return to it of a verdict from a trial term (fols. 522-528) at which the controverted issue of fact had been tried before a jury which had been directed by the court to return a verdict for the respondent (fls. 1210-1211)-the notice of ap- peal also containing a notice that the appellants intend to bring up for review an order (fols. 489-493) denying a motion to set aside the verdict. (Fol. 568.) When the verdict had been rendered the court granted a stay of all proceedings-except the entry of the final order, or judgment-until after the hearing and deter- mination of the appeal to be taken herein (fls. 481-486) which order was subsequently vacated (fols. 517-521), and a separate appeal was taken from this order (fols. 581-58-1); but subsequently-lest the requirements of section 1301 had not been met-the appellants served a

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