People ex rel. O'Brien v. Cruger
Appellate Division of the Supreme Court of the State of New York
Appeal hy the relator, John J. O’Brien, from an order of ths> 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 Ith day ■of August, 1896, denying his motion for a peremptory writ of mandamus to compel the respondents, as park commissioners, to reinstate him in the position of “ teamster with team,” from which he had been removed.
1Dissent
Williams, J. (dissenting)
The relator was appointed April 18, 1896, and was removed May .30, 1896,, without any hearing being had upon notice to the relator upon charges made. -
He was an honorably discharged sailor of the navy of the United -States, having enlisted March 17, 1863, as a first-class messenger ■boy, and having been discharged February 23, 1864. When he was appointed he informed one of the board, Commissioner McMillan, that he was a veteran. The application for the writ was made upon notice to the park board, served about July 1, 1896. The board claimed that the removal of relator…
2Cases cited6 opinions
- Attorney General v. City of BostonMassachusetts Supreme Judicial Court · 1877
- People Ex Rel. Fonda v. . MortonNew York Court of Appeals · 1896
- Myers v. MayorNew York Supreme Court · 1893
- Palmer v. StacySupreme Court of Iowa · 1876
- Wagner v. CollisAppellate Division of the Supreme Court of the State of New York · 1896
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