People on rel. Hanrahan v. Board of Police
New York Supreme Court
Motion for a peremptory mandamus. The relator, Eichard Hanrahan, procured, in May, 1859, an alternative mandamus against the defendants, The Board of Police of the Metropolitan Police District of the State of New York. Hanrahan had been a member of the Municipal police of the city of New York.
Read the full summary
Motion for a peremptory mandamus. The relator, Eichard Hanrahan, procured, in May, 1859, an alternative mandamus against the defendants, The Board of Police of the Metropolitan Police District of the State of New York. Hanrahan had been a member of the Municipal police of the city of New York. The alternative writ alleged, in substance, that whereas the relator was, at the time of passing the Metropolitan Police Act, April 15, 1857, a patrolman, and one of the police of the city of ¡New York, duly appointed and sworn, and had never been legally discharged or dismissed; and whereas he became,…
1Opinion of the Court
By the Court.*—Mullin, J.
Before proceeding to examine the questions presented by the counsel for the respective parties, it becomes necessary to ascertain what the practice is in *155cases of issues upon the return to an alternative mandamus, in order to determine whether, upon the papers before us, the relator can be heard as upon a motion for a peremptory writ, or upon a motion for a new trial by reason of errors committed on the trial. It is provided by 3 Rev. Stat., 5 ed., 898, § 15, that “ when a return shall be made to a writ of mandamus, the party prosecuting it may demur or plead to all…
2Cases cited1 opinion
- People ex rel. Kipp v. FingerNew York Supreme Court · 1854