Order reversed on the facts, with costs to petitioner-appellant, payable by respondent Randolph A. Rankin, and proceeding remitted to the Special Term for a new hearing.
The order appealed from was made after a hearing upon which it was established that a candidate involved had failed to respond to a subpœna duly served upon him by the petitioner. No explanation was offered with respect to the candidate's failure to obey the subpœna. A new hearing is required...
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