People ex rel. Miller v. Wurster
New York Supreme Court
Certiorari by Philip E. Miller to review the proceeding of Frederick W. Wurster, commissioner of the fire department of the city of Brooklyn, in removing relator from membership in the fire department of said city.
1Opinion of the CourtDykman, J.
Under section 2138 of the Code of Civil Procedure, the hearing and decision of this case are to be upon the return, and the writ and the papers upon which it was granted, because the return fails to meet all the facts contained in the writ and the papers upon which it was granted. The facts which appear from ' such papers are these: On the 9th day of December, 1890, the relator was appointed a fireman in the fire department in the city of Brooklyn, and was employed on the force for the extinguishment of fires. He continued to hold that office until the 8th day of January, 1895. On the 3d day…
2Cited by2 opinions
- Phinn v. KrossNew York Supreme Court · 1960
- People ex rel. Campbell v. Board of Police CommissionersAppellate Division of the Supreme Court of the State of New York · 1897