Opinion
April, 1930.
Present — Sears, P.J., Crouch, Taylor, Edgcomb and Crosby, JJ.
Order 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.