People Ex Rel. Kasschau v. Board of Police Commissioners
New York Court of Appeals
Appeal from a final order of the Appellate Division of the Supreme Court in the first judicial department, entered January 7, 1897, affirming, on certiorari, a determination of the board of police commissioners of the city of New York dismissing the relator from the police force of the city. The facts, so far as material, are stated in the opinion.
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Appeal from a final order of the Appellate Division of the Supreme Court in the first judicial department, entered January 7, 1897, affirming, on certiorari, a determination of the board of police commissioners of the city of New York dismissing the relator from the police force of the city. The facts, so far as material, are stated in the opinion. The fact that the relator, through his lack of counsel, did not take technical exceptions to the gross irregularity which prevailed throughout the trial cannot prejudice him when the proceedings are brought before the courts for review. (Code Civ.…
1Opinion of the CourtO’Brien, J.
The relator was removed by the defendants from the police force upon a charge of neglect of duty, in that he was absent from special roll call at seven o’clock in the forenoon of December 22d, 1895, and failed to report until eleven of that day, when he reported sick by a messenger. This absence of four hours was, so far as appears, the sole cause for his discharge. If there is anything in the record that can be called testimony, the fact of absence from roll call was established, and it is just as clear that the reason for his absence was sickness. It may be that the commissioners were not…
2Cited by37 opinions
- Hecht v. MonaghanNew York Court of Appeals · 1954
- Ekern v. McGovernWisconsin Supreme Court · 1913
- Matter of Greenebaum v. . BinghamNew York Court of Appeals · 1911
- Rutter v. BurkeSupreme Court of Vermont · 1915
- McCarthy v. EmersonMassachusetts Supreme Judicial Court · 1909
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