People ex rel. McEnroe v. Wells
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Eugene J. McEnroe, from an interlocutory judgment of the Supreme- Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 4th day of November, 1903, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the relator’s demurrer to each defense in the amended return. This was a proceeding by mandamus to compel the employment of the relator by the respondents.
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Appeal by the relator, Eugene J. McEnroe, from an interlocutory judgment of the Supreme- Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 4th day of November, 1903, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the relator’s demurrer to each defense in the amended return. This was a proceeding by mandamus to compel the employment of the relator by the respondents. The alternative writ, among other things, recited, “That the relator was removed without being allowed the opportunity of making…
1Opinion of the Court
Patterson, J.:
This is an appeal from an interlocutory judgment overruling the relator’s demurrer to separate and distinct defenses contained in an amended return to an alternative writ of mandamus, and a technical question of pleading is alone brought up.
The amended return is insufficient as a pleading under the requiróments of the Code of Civil Procedure. It is alleged in the alternative writ that the relator was a deputy tax commissioner, holding a competitive place in the civil service of the city of New York; that, pursuant to a notice received by him from the commissioners, he was…
2Cases cited3 opinions
- Douglass v. Phenix InsuranceNew York Court of Appeals · 1893
- Ivy Courts Realty Co. v. MortonAppellate Division of the Supreme Court of the State of New York · 1902
- People ex rel. Levenson v. WellsAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- Krauss Engineering Co. v. McKinnonAppellate Terms of the Supreme Court of New York · 1910