People Ex Rel. Cook v. Board of Police of the Metropolitan Police District
New York Court of Appeals
Appeal from judgment of the Supreme Court in General Term of the first district, affirming a judgment of the Special Term on certiorari, by which a judgment or order of the appellants, imposing a fine upon the relator, was reversed and annulled.
Read the full summary
Appeal from judgment of the Supreme Court in General Term of the first district, affirming a judgment of the Special Term on certiorari, by which a judgment or order of the appellants, imposing a fine upon the relator, was reversed and annulled. The relator was a member of the police force of the metropolitan police district, and patrolman of the ninth precinct, and it appeared by the return, that, on the 19th of January, 1863, a charge of neglect of duty was preferred against him, file specification of which was, absence from duty, and from the station-house of the ninth precinct, from…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The board of police for the metropolitan district had jurisdiction of the subject-matter of the charge, of the charge itself, and of the person of the relator who appeared on the trial before them. It is not objected, that the judgment is not such as, upon due conviction, they had authority to pronounce and carry into effect.
The question thereupon arises, which I think the principal question on this appeal, may the court, on a common lawcertiorari, go beyond the…
2Cases cited21 opinions
- Heywood v. . the City of BuffaloNew York Court of Appeals · 1856
- Swift v. . City of PoughkeepsieNew York Court of Appeals · 1868
- Starr v. Trustees of RochesterNew York Supreme Court · 1831
- Anderson v. PrindleCourt for the Trial of Impeachments and Correction of Errors · 1840
- Benjamin v. . BenjaminNew York Court of Appeals · 1851
16 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- The People Ex Rel. the Mayor v. . NicholsNew York Court of Appeals · 1880
- Garvin v. ChambersCalifornia Supreme Court · 1924
- People Ex Rel. Manhattan Railway Co. v. BarkerNew York Court of Appeals · 1897
- People Ex Rel. S. U.H.R.R. Co. v. . BettsNew York Court of Appeals · 1874
- People v. . GilesNew York Court of Appeals · 1897
36 more not listed; retrieve them via the Exa API.