Legal Opinion

People ex rel. Dixon v. Simonson

Appellate Division of the Supreme Court of the State of New York

Decided October 15, 1901PublishedCited by 3 opinions

Appeal by the relator, James Wyllys Dixon, from an order of the Supreme Court made at the Queens County Special Term and entered in the office of the clerk of the county of Queens on the 13th day of March, 1901, dismissing an alternative writ 'of mandamus. ■

1Opinion of the Court

Woodward, J.:

The relator seeks to be reinstated in the position of clerk to the-school board of the borough of Queens, from which he was removed on the 28th day of December, 1898. The writ Was issued on the-21st day of July, 1899, and the return thereto, raising questions of fact, was filed in the month of August, 1899. In June, 1900, the-issues thus raised were heard at Trial Term in Queens county before the court and a jury; and at the close of the evidence both parties moved for a direction of a verdict on the facts. The-learned court thereupon discharged the jury and reserved decision,…

2Cases cited4 opinions

  1. Rowell v. . JanvrinNew York Court of Appeals · 1896
  2. Sentenis v. . LadewNew York Court of Appeals · 1893
  3. In re Application of StutzbachAppellate Division of the Supreme Court of the State of New York · 1901
  4. Stutzbach v. ColerAppellate Division of the Supreme Court of the State of New York · 1901

3Cited by3 opinions

  1. Conway v. McElligottNew York Supreme Court · 1939
  2. People ex rel. Hamilton v. StrattonAppellate Division of the Supreme Court of the State of New York · 1903
  3. People ex rel. Platto v. SagueAppellate Division of the Supreme Court of the State of New York · 1902

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