People Ex Rel. Emerick v. Board of Fire Commissioners
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made December 17, 1880, affirming an order of Special Term, which affirmed, upon certiora/ri, the proceedings of defendant in removing the relator, without notice, from the position of “ superintendent of telegraph.” (Reported below. 23 Hun, 317.) The board of fire commissioners had power, under the charter of 1873, to create bureaus other than those specified in the charter.
Read the full summary
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made December 17, 1880, affirming an order of Special Term, which affirmed, upon certiora/ri, the proceedings of defendant in removing the relator, without notice, from the position of “ superintendent of telegraph.” (Reported below. 23 Hun, 317.) The board of fire commissioners had power, under the charter of 1873, to create bureaus other than those specified in the charter. (Laws of 1873, chap. 335, §§ 28, 77, 79.) The relator was illegally removed from office, and contrary to the provisions of…
1Opinion of the Court
Folger, Ch. J.
The relator was in place under the municipal government of Hew York city, by the title of “ superintendent of telegraph,” in the fire department. He was removed from that place by the board of fire commissioners, without prior notice of the cause for removal. He has no ground of legal complaint, unless he was a “ head of a bureau,” or a “ regular clerk.” So far as the title of his place goes he was neither. It is claimed that the duties of his office were such as that he was one or the other.
First. As to his being a head of bureau. , The charter of 1873 (Chap. 335, Laws of that…
2Cited by8 opinions
- People ex rel. Woodward v. DraperNew York Supreme Court · 1910
- People ex rel. Collins v. AhearnAppellate Division of the Supreme Court of the State of New York · 1907
- People ex rel. Michales v. AhearnAppellate Division of the Supreme Court of the State of New York · 1906
- People ex rel. Warschauer v. DaltonAppellate Division of the Supreme Court of the State of New York · 1898
- People ex rel. Blatchford v. McAdooAppellate Division of the Supreme Court of the State of New York · 1905
3 more not listed; retrieve them via the Exa API.