(dissenting):
I dissent. There were no facts before the commissioners showing error; and if every case of an attack upon an assessment must be referred the court becomes the taxing officer. It is only where it appears upon the face of the record that some error has been com- ■ mitted that the court can interfere ; and then, if it desires, it may take further evidence, precisely as it is empowered to do upon appeals from the Surrogate’s Court.
Order affirmed, with costs.