People Ex Rel. Collins v. . Ahearn
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 20, 1908, which affirmed a final judgment of Special Term sustaining a demurrer to an alternative writ of mandamus and dismissing such writ. The facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 20, 1908, which affirmed a final judgment of Special Term sustaining a demurrer to an alternative writ of mandamus and dismissing such writ. The facts, so far as material, are stated in the opinion. The president of the borough of Manhattan had on January 1,1902, power to create a bureau of highways in said borough and to appoint the relator the head of said bureau. (L. 1901, ch. 466, § 388; L, 1897, ch. 378, § 450; 2 Abb. Mun. Corp. 1473, § 601; Wilcox v. McClellan, 185 N. Y.…
1Opinion of the CourtWillard Bartlett, J.
The relator in this proceeding seeks to be reinstated in the position of head of the bureau of highways in the borough of Manhattan on the ground that he was unlawfully removed therefrom by the respondent as president of the borough, without having been allowed an opportunity of making an explanation as prescribed by section 1543 of the Greater New York charter (Laws of 1901, chap. 466). He has been unsuccessful thus far because the courts below have been of the opinion that there was not and is not any such lawfully organized bureau as that of which he claims to have been appointed the head…
2Cases cited2 opinions
- Trustees of the Village of Saratoga Springs v. Saratoga Gas, Electric Light & Power Co.New York Court of Appeals · 1908
- People ex rel. Michales v. AhearnAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by8 opinions
- In re Proving the Last Will & Testament of CunninghamNew York Surrogate's Court · 1912
- People ex rel.Collins v. McAnenyNew York Supreme Court · 1912
- People ex rel. Collins v. AhearnAppellate Division of the Supreme Court of the State of New York · 1910
- People ex rel. Collins v. AhearnAppellate Division of the Supreme Court of the State of New York · 1910
- People ex rel. Collins v. AhearnAppellate Division of the Supreme Court of the State of New York · 1909
3 more not listed; retrieve them via the Exa API.