McCarthy v. Emerson
Massachusetts Supreme Judicial Court
Petition, filed in the Supreme Judicial Court for the county of Suffolk on September 17, 1908, for a writ of mandamus to compel the respondent, the superintendent of streets of Boston, to restore the petitioner to his former position as foreman in the paving division of the street department. The case was heard by Hammond, J., and by him reserved for determination by the full court. The facts are stated in the opinion. The case was submitted on briefs.
1Opinion of the CourtSheldon, J.
The petitioner was employed as a foreman in the paving division of the street department of the city of Boston, and was removed or indefinitely suspended from that position on or about June 2, 1908, by the respondent, who was and is the superintendent of streets of that city. He asks in this petition for a writ of mandamus to compel the respondent to restore him to his former position. He was duly enrolled *353in the classified list of the civil service of the Commonwealth* and by the terms of St. 1904, c. 314, as modified by St. 1905, c. 243, he could not be removed or indefinitely suspended “…
2Cases cited12 opinions
- The People Ex Rel. the Mayor v. . NicholsNew York Court of Appeals · 1880
- People, Ex Rel. Keech v. . ThompsonNew York Court of Appeals · 1884
- Joyce v. City of ChicagoIllinois Supreme Court · 1905
- Garvey v. City of LowellMassachusetts Supreme Judicial Court · 1908
- State ex rel. Starkweather v. Common Council of the City of SuperiorWisconsin Supreme Court · 1895
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3Cited by22 opinions
- Stiles v. Municipal CouncilMassachusetts Supreme Judicial Court · 1919
- Moran v. School CommitteeMassachusetts Supreme Judicial Court · 1945
- Sullivan v. Municipal Court of the Roxbury DistrictMassachusetts Supreme Judicial Court · 1948
- American Employers' Insurance v. Commissioner of InsuranceMassachusetts Supreme Judicial Court · 1937
- Barnes v. Mayor of ChicopeeMassachusetts Supreme Judicial Court · 1912
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