
    Frank A. Raymond, Appellant, Impleaded with Others, v. Maynard N. Clement, as State Commissioner of Excise, et al., Respondents.
    
      Baymond v. Clement, 118 App. Div. 528, affirmed.
    (Argued January 14, 1909;
    decided January 29, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 6, 1907, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at an Equity Term in an action to have declared illegal and void an ■ alleged submission of excise questions to the electors of the town of Randolph:
    
      Alex. Wentworth and C. D. Davie for appellant.
    
      Royal R. Scott for respondents.
   Judgment affirmed, with costs, on opinion helow.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Yann, Werner and Hiscook, JJ.  