Legal Opinion

People ex rel. Goodwin v. Martin

New York Supreme Court

Decided November 16, 1894PublishedCited by 1 opinion

Certiorari by John W. Goodwin to review the action of James J. Martin and others, constituting the board of police commissioners of the city of New York, in accepting his resignation from the police force of that city. Judgment for relator.

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Certiorari by John W. Goodwin to review the action of James J. Martin and others, constituting the board of police commissioners of the city of New York, in accepting his resignation from the police force of that city. Judgment for relator. On the 29th of .Tune, 1882, the relator was appointed to the position of roundsman on the police force of the city of New York, and served in that •capacity until August 13, 1889, when he signed a resignation, of which the following is a copy: “No. 151. “Police Department of the City of New York, 4th Precinct. “New York, Aug. 13, 1889. “To the Board of…

1Opinion of the Court

VAN BRUNT, P.

J. I cannot concur with Mr. Justice FOLLETT in the conclusion arrived at by him that the statute of limitations has run against the right of the relator to review the action of the police board in refusing to reconsider their action removing him upon his alleged resignation. It was held upon a previous certiorari taken in time, according to the calculation of time by Mr. Justice FOLLETT, that the question as to whether the resignation had been obtained by duress, and had been altered without the consent of the relator, could not be considered upon a certiorari taken to review the…

2Cited by1 opinion

  1. People ex rel. Cohen v. YorkAppellate Division of the Supreme Court of the State of New York · 1899

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