In re Sweet
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Suit by the people of the state of New York, on the relation of William H. D. Sweet, against H. H. Lyman, state commissioner of excise, for a peremptory writ of mandamus. From an order denying such writ, plaintiff appeals. Affirmed.
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Appeal from special term. Suit by the people of the state of New York, on the relation of William H. D. Sweet, against H. H. Lyman, state commissioner of excise, for a peremptory writ of mandamus. From an order denying such writ, plaintiff appeals. Affirmed. The relator, an honorably discharged Union soldier, having successfully passed the civil service examination required by the provisions of chapter 354, Laws 1883, and another examination required by the defendant, received from the latter the following communication: “Office of Department of Excise. “Albany, September 25th, 1896. “To…
1Opinion of the CourtPutnam, J.
By the provisions of chapter 354, Laws 1883, the governor was authorized to appoint three civil service commissioners, who were authorized to aid the governor in promulgating rules for carrying the act into effect. The statute provides for open, competitive examinations for testing the fitness of applicants for the public service; that appointments should be made from those graded highest as the result of such competitive examinations; that “there shall be a period of probation before an absolute appointment or employment aforesaid.” In pursuance of, and within the power conferred by, the…
2Cases cited3 opinions
- People Ex Rel. Corrigan v. . the Mayor, Etc.New York Court of Appeals · 1896
- In Re Haebler v. . N.Y. Produce ExchangeNew York Court of Appeals · 1896
- People Ex Rel. Port Chester Savings Bank v. CromwellNew York Court of Appeals · 1886
3Cited by3 opinions
- State Ex Rel. Clements v. BabbOhio Supreme Court · 1948
- People ex rel. Kastor v. KearnyAppellate Division of the Supreme Court of the State of New York · 1900
- People ex rel. Smith v. FeitnerAppellate Division of the Supreme Court of the State of New York · 1899