Legal Opinion

In re Application of Stutzbach

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1901PublishedCited by 6 opinions

Appeal by the relator, Otto Stutzbach, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on- the 29th day of March, 1901, denying the relator’s motion for a peremptory writ of mandamus. '

1Opinion of the Court

Hatch, J.:

The relator, a resident of the borough of Richmond, New York city, an honorably discharged soldier of the United States in the late Civil war, was employed in July, 1898, as warrant clerk in the auditor’s office at a salary of $1,200 a year and was transferred from the borough of Richmond to the borough of Manhattan on December 15, 1899 ; he was discharged from such employment on January 12, 1901, without charges, notice or opportunity to be heard, for the alleged reason that the appropriation available for the maintenance of the department in which he was employed was. not…

2Cases cited5 opinions

  1. Matter of KeymerNew York Court of Appeals · 1896
  2. Breckenridge v. ScannellNew York Court of Appeals · 1899
  3. People ex rel. O'Brien v. CrugerAppellate Division of the Supreme Court of the State of New York · 1896
  4. Sullivan v. GilroyNew York Supreme Court · 1890
  5. McCloskey v. WillisAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by6 opinions

  1. People Ex Rel. Davison v. . WilliamsNew York Court of Appeals · 1914
  2. State Ex Rel. Castel v. Village of ChisholmSupreme Court of Minnesota · 1928
  3. Reilly v. SmithNew York Supreme Court · 1915
  4. In re Long Acre Electric Light & Power Co.New York Supreme Court · 1906
  5. People ex rel. Dixon v. SimonsonAppellate Division of the Supreme Court of the State of New York · 1901

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