People Ex Rel. Coyle v. . Martin
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of New York, made April 3, 1893, which affirmed proceedings of the respondents dismissing the relator from the police force, and dismissed a writ of certiorari to review such proceedings. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Superior Court of the city of New York, made April 3, 1893, which affirmed proceedings of the respondents dismissing the relator from the police force, and dismissed a writ of certiorari to review such proceedings. The facts, so far as material, are stated in the opinion. The commissioners have failed to weigh the testimony offered before them according to legal rules, and to give effect to explanations which clearly show that though relator did strike Mildrum, yet the circumstances which are proved explain away the offense charged. (People ex rel.…
1Opinion of the CourtEarl, J.
The relator, a patrolman, was dismissed from the police force of the city of ITew York for “ conduct unbecoming an officer,” in that “ on the 26tli day of April, 1892, he had an altercation with Patrolman Mildrum, during which he drew his club and struck Mildrum on the head, causing a slight scalp wound, during his tour of duty; ” and this proceeding by certiorari was instituted to review the determination of the police commissioners.
While the General Term of the court below had power, under section 2140 of the Code, to weigh the evidence given before the police commissioners upon the trial…
2Cases cited1 opinion
- The People, Ex Rel. Murphy v. . FrenchNew York Court of Appeals · 1883
3Cited by11 opinions
- Laidlaw v. . SageNew York Court of Appeals · 1899
- People Ex Rel. Manhattan Railway Co. v. BarkerNew York Court of Appeals · 1897
- Hudson v. . R., W. O.R.R. Co.New York Court of Appeals · 1895
- People ex rel. Citizens' Lighting Co. v. FeitnerAppellate Division of the Supreme Court of the State of New York · 1903
- People ex rel. Kendall v. FeitnerAppellate Division of the Supreme Court of the State of New York · 1900
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