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The Green Bag

could not be corrected in a collateral proceeding (see The People ex rel. Percival et al., v. Cram et al., 32 App. Div. 414, 53 N.Y. Supp. 110) which ruling was affirmed by the Court of Appeals, and on the same ground. At the argu ment of the case before the Court of Appeals the judge expressed doubt as to the procedure taken being the correct one, and Chief Justice Parker remarked from the bench that the proper procedure was mandamus against the board of transfer, and not against the Commis sioners of Docks and Ferries, to which three of the Associate Justices gave ex press assent (see 158 N. Y. 666, 52 N. E. 1125 — this opinion of the judges from the bench is not given). Mr. Kerr lost no time in instituting another mandamus suit against the defunct board of transfer, secured a correction of the error, and then by mandamus against the Commissioners of Docks and Ferries succeeded in having

the twenty-six Brooklyn dockmasters restored to position and assigned to duty in the dock department, and secured for them back pay for the two years they were out of the employment of the city, amounting to something over $68,000. In Matter of Hurlbert Brothers and Company, 160 N. Y. 9, 64 N. E. 571, a New York corporation was going through voluntary liquidation. The referee found and reported that the New York cor poration was owing to the E. C. Mecham Arms Company, a corporation of St. Louis, Mo., $13,000, and the order of the court was so entered. The Mecham Arms Company was owing to a client of Mr. Kerr's, who resided in New York, $7,000, and Mr. Kerr immediately filed an attachment on the dividend to be paid by the receiver under the decree of the court. In the meantime the Mecham Arms Company had made an assignment for the benefit of creditors,

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