No questions of fact have been considered. On the return day of the proceeding, respondents cross-moved to dismiss the petition on the ground that it does not state a cause of action. Affidavits submitted by the parties on that motion purported to state the facts with respect to petitioner's appointment as Superintendent of Public Works of the Village of Sloatsburg; and documentary proof was submitted in support of the contentions of the parties. By the judgment appealed...
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