The State, ex rel. Board of Health of Hackensack, appellant, v. The Board of Chosen Freeholders of the County of Bergen, respondent

Per Curiam.

This court agrees with his Honor, the vice-chancellor, that the complainant has failed to establish by his testimony the existence of a nuisance, and the decree is consequently affirmed. The other matters discussed in the opinion in the court of chancery have not been considered by this court.

For affirmance — The Ci-iiep-Justice, Depue, Diícon, Garrison, Magie, Reed, Scudder, Van Syckel, Brown, Smith, Whitaker — 11.

For reversal — None.