People ex rel. Ward v. Drake
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Francis G. Ward, from so much of an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie oh the 23d of June, 1899, as denies said relator’s motion for a peremptory writ, of mandamus, directed to the above-uamed defendants as the board, of public works of the city of Buffalo, N. Y., requiring them to-reinstate the relator in his position as water superintendent of the; bureau of water of…
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Appeal by the relator, Francis G. Ward, from so much of an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie oh the 23d of June, 1899, as denies said relator’s motion for a peremptory writ, of mandamus, directed to the above-uamed defendants as the board, of public works of the city of Buffalo, N. Y., requiring them to-reinstate the relator in his position as water superintendent of the; bureau of water of the city of Buffalo, N. Y. In May, 1896, the relator was appointed water superintendent, of the bureau of water by the…
1Opinion of the Court
Spring, J.:. Section 475 of chapter 105 of the Laws of 1891, which is the charter of the city of Buffalo,, provides :
“No person elected or appointed to any salaried office'under this act shall, during his term of office, hold any other public office *327whatever, except that of notary public or commissioner of deeds. * * *. If any person holding any salaried office under this act shall accept any other public office, he shall thereby cease to hold his office under this act.”
The relator was holding the office of water superintendent, a position of trust and importance, which carried with it an…
2Cases cited13 opinions
- The People Ex Rel. v. . NostrandNew York Court of Appeals · 1871
- Bryan v. CattellSupreme Court of Iowa · 1864
- People Ex Rel. Cline v. . RobbNew York Court of Appeals · 1891
- State ex rel. Cornwell v. AllenIndiana Supreme Court · 1863
- People, Ex Rel. Gere v. . WhitlockNew York Court of Appeals · 1883
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Wimberly v. DeaconSupreme Court of Oklahoma · 1943
- Commonwealth Ex Rel. Crow v. SmithSupreme Court of Pennsylvania · 1941
- United States ex rel. Palmer v. LappCourt of Appeals for the Sixth Circuit · 1917
- Frazier v. ElmoreTennessee Supreme Court · 1943
- Jewell v. MohrNew York Supreme Court · 1912
6 more not listed; retrieve them via the Exa API.