Legal Opinion

Hurlbut v. Cromwell

New York Supreme Court

Decided October 14, 1912Published

Mandamus by one Hurlbut against one Cromwell.

1Opinion of the CourtGreenbaum, J.

The rights of an honorably discharged veteran of the volunteer navy of the United States during the Spanish War are analogous to those of a volunteer fireman and arise under section 22 of the Civil Service Law and not section 21, which applies to honor*1036ably discharged soldiers, sailors, or marines in the late Civil War. I am therefore constrained to hold, following Cottam v. City of N. Y., 74 Misc. Rep. 67, 131 N. Y. Supp. 617, that the petitioner may not properly claim a preference over other draftsmen in the borough president’s department by requiring their discharge because of lack of…

2Cases cited2 opinions

  1. Breckenridge v. ScannellNew York Court of Appeals · 1899
  2. Cottam v. City of New YorkAppellate Terms of the Supreme Court of New York · 1911

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