Legal Opinion

People Ex Rel. Tate v. . Dalton

New York Court of Appeals

Decided February 28, 1899PublishedCited by 25 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 29, 1898, affirming an order of the Special Term denying relator’s motion for a peremptory writ of mandamus to compel the respondent to reinstate him in the office of water registrar for the department of water supply in the borough of Brooklyn. The facts, so far as material, are stated in the opinion. Mandamus is the proper remedy.

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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 29, 1898, affirming an order of the Special Term denying relator’s motion for a peremptory writ of mandamus to compel the respondent to reinstate him in the office of water registrar for the department of water supply in the borough of Brooklyn. The facts, so far as material, are stated in the opinion. Mandamus is the proper remedy. (People ex rel. v. Sutton, 88 Hun, 173.) Under the Greater Hew York charter there is no such public office as that of water registrar, either in…

1Opinion of the CourtHaight, J.

The relator is an honorably discharged soldier of the Union army in the late war of the rebellion, and the respondent, since the second day of January, 1898, has been the commissioner of water supply of Mew York.

On the first day of February, 1894, the relator was appointed by the commissioner of city Avorks of the city of Brooklyn to the position of water registrar in that city, at a salary of $4,000 per year. He continued in that position until the first day of January, 1898, at which time he was transferred into the department of water supply in the city of Mew York, and. assigned to duty…

2Cases cited3 opinions

  1. People Ex Rel. Gilmour v. HydeNew York Court of Appeals · 1882
  2. People ex rel. Tate v. DaltonAppellate Division of the Supreme Court of the State of New York · 1898
  3. People Ex Rel. Speight v. . ColerNew York Court of Appeals · 1898

3Cited by25 opinions

  1. Sinicropi v. BennettAppellate Division of the Supreme Court of the State of New York · 1983
  2. Jones v. WillcoxAppellate Division of the Supreme Court of the State of New York · 1903
  3. McCarthy v. EmersonMassachusetts Supreme Judicial Court · 1909
  4. Matter of Christey v. . CochraneNew York Court of Appeals · 1914
  5. People ex rel. Tate v. DaltonAppellate Division of the Supreme Court of the State of New York · 1899

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