Volume 83 — Sickels

The nature of the proceeding and the facts, so far as material, are stated in the opinion. In this case Mr. Hargous acted solely as an officer of the court and the remedy invoked is proper. (In re Paschal, 10 Wall. 491; In re Aitkin, 4 B. & A. 47; U. S. v. Anon, 21 Fed. Rep. 471; B. G. S. Bank v. Tood, 52 N. Y. 489; Foster v. Townsend, 2 Abb.

The nature of the action and the facts, so far as material, are stated in the opinion. The General Term disregarded the consents of public authorities and property-holders, consenting to plaintiffs railways, and attributed no significance to the proceedings of the rapid transit commissioners, in 1880, locating plaintiffs routes. Its order is erroneous and should be reversed, with the judgment founded on it.