People ex rel. Bean v. Clausen
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George C- Clausen, as commissioner of parks of the boroughs of Manhattan and Richmond of the city of Kew York, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kew York on the 1st day of February, 1900, upon the decision of the court, rendered after a trial at the Kew York Special Term, overruling the defendant’s demurrer to an alternative writ of mandamus, and…
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Appeal by the defendant, George C- Clausen, as commissioner of parks of the boroughs of Manhattan and Richmond of the city of Kew York, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kew York on the 1st day of February, 1900, upon the decision of the court, rendered after a trial at the Kew York Special Term, overruling the defendant’s demurrer to an alternative writ of mandamus, and directing that the relator have judgment as prayed for in said writ, with leave, however, to the defendant to make a return to…
1Opinion of the Court
Rumsey, J.:
This is an appeal from an interlocutory judgment overruling a demurrer to an alternative writ of mandamus. The allegations of the writ are, that the relator is a citizen of this State and of the county of New York, and that he is a veteran of the Civil war; in 1895 he underwent a competitive examination for the position of superintendent of the aquarium, and having been found eligible he was duly appointed to that place, which he held until he was discharged by a colorable abolition of the office in April, 1898. The defendant became a member of the department of parks of the city…
2Cases cited1 opinion
- People ex rel. O'Brien v. CrugerAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- People ex rel. Vineing v. HayesAppellate Division of the Supreme Court of the State of New York · 1909
- Shane v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909