People ex rel. Hart v. La Grange
Appellate Division of the Supreme Court of the State of New York
• Appeal by 0. IT. La Grange and others, comjiosing the board of fire commissioners of the city of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 6th day of April, 1896, granting a peremptory writ of mandamus command-, ing them to restore the relator to the position of clerk of the second grade held and occupied by him in the fire department of the city of New York…
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• Appeal by 0. IT. La Grange and others, comjiosing the board of fire commissioners of the city of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 6th day of April, 1896, granting a peremptory writ of mandamus command-, ing them to restore the relator to the position of clerk of the second grade held and occupied by him in the fire department of the city of New York previous to the 30th day of November, 1895.
1Opinion of the Court
Patterson, J.:
There was abundant evidence produced in the court below to require the issuance of the peremptory writ of mandamus in this matter. The only question before the court was whether the action of the commissioners of the fire department in discharging the relator was a legitimate exercise of the power they possessed to abolish the office he held and thereby dispense with his services, or was a mere pretext to remove him in order that they might put some- one in his place. It is manifest that the relator was discharged on the mere pretense that his office was to be abolished, and a…
2Cited by7 opinions
- State ex rel. Gilmur v. City of SeattleWashington Supreme Court · 1914
- People ex rel. Boyd v. HertleAppellate Division of the Supreme Court of the State of New York · 1900
- Rosario Rodríguez v. Cuevas BustamanteSupreme Court of Puerto Rico · 1942
- People ex rel. Lazarus v. ColemanAppellate Division of the Supreme Court of the State of New York · 1904
- People ex rel. Boyd v. HertleNew York Supreme Court · 1899
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