People ex rel. Woodward v. Draper
New York Supreme Court
Motion to correct the return to a writ of certiorari. The relator, William H. Woodward, school commissioner of the third commissioner district of Albany county, was duly elected at an election held in the fall of 1908, for the term of three years beginning January 1, 1909. On or about November 20, 1909, the relator was served with an order to show cause why he should not he removed from his office, which order was under the hand and seal of the respondent, Commissioner of…
Read the full summary
Motion to correct the return to a writ of certiorari. The relator, William H. Woodward, school commissioner of the third commissioner district of Albany county, was duly elected at an election held in the fall of 1908, for the term of three years beginning January 1, 1909. On or about November 20, 1909, the relator was served with an order to show cause why he should not he removed from his office, which order was under the hand and seal of the respondent, Commissioner of Education of the State of New York, and returnable at his office on the 30th day of November, 1909. On that day the…
1Opinion of the CourtLeBoeuf, J.
There may be some question in this case as io the necessity for setting up the statutory provisions in the return to the writ; hut, inasmuch as they set forth the powers and duties of both parties and the particular provisions of'law which were claimed to have been violated, I cannot see how the relator is prejudiced by having those provisions included in the return in a form calculated to direct the court’s attention immediately to the later matter, set up in the writ with which they are connected.
The remaining items objected to are more seriously contested as being largely matters which…
2Cases cited20 opinions
- Donahue v. County of WillIllinois Supreme Court · 1881
- Conner v. . the Mayor, C. of New YorkNew York Court of Appeals · 1851
- People Ex Rel. Sims v. Board of Fire CommissionersNew York Court of Appeals · 1878
- Nichols v. . MacLeanNew York Court of Appeals · 1886
- Gunnison v. . Bd. of EducationNew York Court of Appeals · 1903
15 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State Ex Rel. Nagle v. SullivanMontana Supreme Court · 1935
- Beers v. NyquistNew York Supreme Court · 1972
- State ex inf. Barker v. CrandallSupreme Court of Missouri · 1916
- Austin v. Board of Trustees of School District No. 5New York Supreme Court · 1910
- Kelliher v. New York State Civil Service CommissionNew York Supreme Court · 1959
5 more not listed; retrieve them via the Exa API.