¶1Order affirmed, with ten dollars costs and disbursements, upon the ground that the return was conclusive as to the facts embodied therein; but we do not pass upon the question whether the defendant may have relief by an action in equity. (Smith v. Lowry, 1 Johns. Ch. 320; Dobson v. Pearce, 12 N. Y. 156,165; Weimer v. Guinnane, 125 Misc. 681; United States v. Throckmorton, 98 U. S. 61.) All concur. Present — Sears, P. J., Crouch, Taylor, Edgcomb and Crosby, JJ.
229 A.D. 747
Broga v. Seelye
Appellate Division of the Supreme Court of the State of New York
Decided April 15, 1930
Appellate Division of the Supreme Court of the State of New York · decided 1930-04-15
Relies on United States v. Throckmorton · Dobson v. . Pearce · Smith v. Lowry
Decided 1930-04-15