Legal Opinion

People ex rel. O'Neill v. Roosevelt

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

Decided July 1, 1897PublishedCited by 5 opinions

Certiorari issued out of the Supreme Court and attested on the 11th day of December, 1895, directed to Theodore Roosevelt and others, composing the board of police commissioners of the police department of the city of New York, commanding them to certify and return to the office of the clerk of the county of New York all and singular their proceedings in reference to the removal of the relator from his position as a member of the police force of the police department of the…

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Certiorari issued out of the Supreme Court and attested on the 11th day of December, 1895, directed to Theodore Roosevelt and others, composing the board of police commissioners of the police department of the city of New York, commanding them to certify and return to the office of the clerk of the county of New York all and singular their proceedings in reference to the removal of the relator from his position as a member of the police force of the police department of the city of New York.

1Opinion of the Court

Rumsey, J.:

The relator was charged with drunkenness on duty. Upon his trial evidence was given which tended strongly to sustain the charges,- and, although there was evidence in contradiction, the commissioners, upon a-consideration of the whole case, found the relator guilty and sentenced him to be dismissed from the police force. The testimony was conflicting,, and a jury wrould certainly have been warranted in finding that the case against the relator was established. The conclusion of the police commissioners upon the fact that the relator was guilty, therefore, must be affirmed.

The…

2Cases cited3 opinions

  1. People Ex Rel. Miller v. . WursterNew York Court of Appeals · 1896
  2. People ex rel. Kiebrick v. RooseveltAppellate Division of the Supreme Court of the State of New York · 1896
  3. People ex rel. Strauss v. RooseveltAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by5 opinions

  1. Hughes v. Department of Public SafetySupreme Court of Minnesota · 1937
  2. People ex rel. McCollum v. ScannellAppellate Division of the Supreme Court of the State of New York · 1900
  3. People ex rel. Fitzpatrick v. GreeneAppellate Division of the Supreme Court of the State of New York · 1904
  4. People ex rel. McCollum v. ScannellAppellate Division of the Supreme Court of the State of New York · 1900
  5. Poerio Appeal, Pennsylvania Court of Common Pleas, Beaver County1955

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