
    In the Matter of the Application of Francis W. Sutton, Petitioner, for a Peremptory Writ of Mandamus against Hon. James T. Cross, as Justice of the Supreme Court, or any Justice of the Supreme Court Holding Term in and for Lewis County, Impleading the Hon. Dwight N. Dudo, as District Attorney of Lewis County, Respondents.
    
    
      
       This motion was made against a decision of March 13, 1940, publication of which was directed too late for insertion in proper place. (See ante, pp. 788-791.) Such decision was as follows:
      In the Matter of the Application of Francis W. Sutton, Petitioner, for a Peremptory Writ of Mandamus against Hon. James T. Cross, as Justice of the Supreme Court, etc., Impleading the Hon. Dwight N. Dudo, as District Attorney of Lewis County, Respondents.— Motion for a peremptory writ of mandamus denied. Present — Crosby, P. J., Cunningham, Dowling, Harris and MeCurn, JJ. — [Rep.
    
   Motion for leave to appeal to the Court of Appeals from denial of motion for a writ of peremptory mandamus denied. [See post, p. 972.] Present ■— Crosby, P. J., Cunningham, Dowling, Harris and MeCurn, JJ.  