Peo. Ex Rel. Hannan v. . Board of Health
New York Court of Appeals
Appeal from an order of the Appellate Division of the .'Supreme Court in the third judicial department, entered April ■5, 1897, which affirmed an order of Special Term granting a writ of peremptory mandamus. The facts, so far as material, are stated in the opinion. To entitle the applicant 'to a peremptory writ of mandamus it must appear that his right to the office or position of registrar of vital statistics is •clear and distinct. (Code Civ.
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Appeal from an order of the Appellate Division of the .'Supreme Court in the third judicial department, entered April ■5, 1897, which affirmed an order of Special Term granting a writ of peremptory mandamus. The facts, so far as material, are stated in the opinion. To entitle the applicant 'to a peremptory writ of mandamus it must appear that his right to the office or position of registrar of vital statistics is •clear and distinct. (Code Civ. Pro. § 2070 ; People ex rel. v. Rupp, 90 Hun, 145; People ex rel. v. Board of Suprs., 64 N. Y. 600; People ex rel. v. Goetting, 133 N. Y. 569; People…
1Opinion of the CourtVann, J.
On the twentieth of April, 1888, the board of health of the city of Troy, which was then organized pursuant to chapter 270 of the Laws of 1885, assumed to appoint the relator to the position of registrar of vital statistics in the place of Samuel E. Hutton, who had resigned on the same day. At the time of such appointment the relator had not passed, nor so far as appears has he at any time since passed, the examination required by the statutes regulating the civil service of the state. (L. 1883, ch. 354; L. 1884, ch. 410.) He assumed the duties of the position and continued to discharge them…
2Cases cited8 opinions
- Smith v. . the PeopleNew York Court of Appeals · 1872
- Penoyar v. . KelseyNew York Court of Appeals · 1896
- People Ex Rel. Fonda v. . MortonNew York Court of Appeals · 1896
- Peck v. . BelknapNew York Court of Appeals · 1892
- People Ex Rel. Kopp v. Board of Police CommissionersNew York Court of Appeals · 1886
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3Cited by39 opinions
- Cafferty v. . Southern Tier Publishing Co.New York Court of Appeals · 1919
- Saltser & Weinsier, Inc. v. McGoldrickNew York Court of Appeals · 1946
- Matter of Scahill v. DrzewuckiNew York Court of Appeals · 1936
- Campbell v. City of Los AngelesCalifornia Court of Appeal · 1941
- Pinion v. State Personnel BoardCalifornia Court of Appeal · 1938
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