
    PEOPLE ex rel. MASTEN, Respondent, v. MAXWELL, City Supt. of Schools, Appellant.
    (Supreme Court, Appellate Division, Second Department.
    June 17, 1904.)
    Proceeding by the people of the state of New York, on the relation of Minnie R. Masten, against William H. Maxwell, as city superintendent of schools of the city of New York.
   PER CURIAM.

Judgment sustaining relat- or’s demurrer to the return, and awarding a peremptory writ of mandamus, affirmed on re-argument, with costs, and former, judgment of this court herein vacated, on the authority of People ex rel. Murphy v. Maxwell, 177 N. Y. 494, 69 N. E. 1092.  