People ex rel. Garvey v. Prendergast
Appellate Division of the Supreme Court of the State of New York
Appeal "by the defendant, William A. Prendergast, as comptroller of the city of Hew York, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 13th day of March, 1911, granting the relator’s motion for a peremptory writ of mandamus as a matter of law, a single question of fact having been submitted to the jury, after a trial of the issues raised by the return to an alternative writ of…
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Appeal "by the defendant, William A. Prendergast, as comptroller of the city of Hew York, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 13th day of March, 1911, granting the relator’s motion for a peremptory writ of mandamus as a matter of law, a single question of fact having been submitted to the jury, after a trial of the issues raised by the return to an alternative writ of mandamus and commanding the defendant forthwith to reinstate the relator in the position of deputy city paymaster in the…
1Opinion of the Court
Miller, J.:
The appellant took office as comptroller of the city of New York on January 1, 1910. At that time there were eight persons, including the relator, holding positions as deputy city paymasters, which positions were in the' exempt class.. The appellant removed the eight persons holding said positions and appointed eight others of his own selection. The relator claims' that his removal was for political reasons and, therefore, in violation of section 25 of the Civil Service Law (Consol. Laws, chap. T, Laws of 1909, chap. 15).- A single question w&s submitted to the jury, to wit, “Was…
2Cases cited1 opinion
- People ex rel. Gallup v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by19 opinions
- Matter of Merriweather v. RobertsNew York Court of Appeals · 1935
- People Ex Rel. Somerville v. . WilliamsNew York Court of Appeals · 1916
- In re LongAppellate Division of the Supreme Court of the State of New York · 1932
- Kropp v. Common CounCilNew York Supreme Court · 1960
- Nowicki v. HeafyNew York Supreme Court · 1943
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