Fay v. . Partridge
New York Court of Appeals
Appeals from orders of the Appellate Division of the Supreme Court in the first judicial department, entered January 14, 1903, which affirmed orders of Special Term denying motions for peremptory writs of mandamus to compel the defendant to reinstate the petitioners in the position of detective sergeant in the police force of the city of New York.
1Opinion of the CourtO’Bbiem, J.
These three cases are substantially identical in their facts, and the appeals present the same question as was involved in Matter of Sugden, just decided (174 N. Y. 87). The general question involved is whether the amendment to the New York charter (§ 290, ch. 466 of the Laws of 1901) violates that provision of the Constitution (Art. X, section 2), which provides that “ All city, town and village officers, whose election or appointment is not provided for by this constitution, shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by…
2Cases cited1 opinion
- Matter of Sugden v. . PartridgeNew York Court of Appeals · 1903
3Cited by3 opinions
- Wood v. IrvingNew York Court of Appeals · 1995
- People ex rel. Murphy v. BinghamAppellate Division of the Supreme Court of the State of New York · 1909
- People ex rel. Boyle v. GreeneAppellate Division of the Supreme Court of the State of New York · 1903