Legal Opinion

People ex rel. Rudd v. Cropsey

Appellate Division of the Supreme Court of the State of New York

Decided June 16, 1916PublishedCited by 3 opinions

Appeal by the relator, Stephen A. Rudd, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 18th day of October, 1915, granting defendant’s motion to dismiss an alternative writ of mandamus herein, and also from an order made at the Kings County Trial Term and entered in the office of the clerk of the county of Kings on the 1st day of November, 1915, denying relator’s motion to set…

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Appeal by the relator, Stephen A. Rudd, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 18th day of October, 1915, granting defendant’s motion to dismiss an alternative writ of mandamus herein, and also from an order made at the Kings County Trial Term and entered in the office of the clerk of the county of Kings on the 1st day of November, 1915, denying relator’s motion to set aside the verdict of the jury herein and for a new trial.

1Opinion of the Court

Putnam, J.:

The retrial of the issue raised by these mandamus proceedings (See 163 App. Div. 910; 215 N. Y. 451) resulted ina verdict against the relator. At the beginning, and again at the close, of the testimony on the last trial, relator’s counsel moved to direct a verdict in his favor, tin the ground that the charges upon which he had been removed were insufficient, and failed to comply with the civil service laws. This was denied, and relator excepted. After more than two years’ litigation, this was the first challenge to the form and sufficiency of the charges.

In the course of his charge…

2Cases cited4 opinions

  1. People Ex Rel. Flanagan v. Board of Police CommissionersNew York Court of Appeals · 1883
  2. The People v. . the Board of Metropolitan PoliceNew York Court of Appeals · 1863
  3. People ex rel. Ryan v. BinghamAppellate Division of the Supreme Court of the State of New York · 1906
  4. People Ex Rel. Rudd v. . CropseyNew York Court of Appeals · 1915

3Cited by3 opinions

  1. Davis v. SayerAppellate Division of the Supreme Court of the State of New York · 1923
  2. Rosengarten v. KnappAppellate Division of the Supreme Court of the State of New York · 1932
  3. Monroe v. PattersonNew York Supreme Court · 1956

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