People Ex Rel. Fonda v. . Morton
New York Court of Appeals
Appeal from order of the General Term of the Supreme 'Court in the third judicial department, made Ma.y 24, 1895, which affirmed an order of the Special Term denying relator’s motion for a writ of peremptory mandamus. [Relator had a vested right to hold his position unless removed for cause in the •manner prescribed by statute.
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Appeal from order of the General Term of the Supreme 'Court in the third judicial department, made Ma.y 24, 1895, which affirmed an order of the Special Term denying relator’s motion for a writ of peremptory mandamus. [Relator had a vested right to hold his position unless removed for cause in the •manner prescribed by statute. (Laws of 1886, chap. 413; Laws of 1887, chap. 195 ; Laws of 1888, chap. 269 ; Laws of 1889, chap. 569 ; Laws of 1890, chap. 84; Laws of 1891, ■chap. 144; Laws of 1892, chap. 324; Laws of 1893, chaps. 227, 414; Laws of 1894, chaps. 654, 716; Laws of 1895, chap. 807;…
1Opinion of the Court
Andrews, Ch. J.
The relator, an honorably discharged Union soldier, was appointed on the 29th of January, 1888, an orderly in the capítol at Albany, at a salary of $60 a month, and continued to act as orderly until the 28th of February, 1895, when he was discharged by the superintendent of public buildings, with the approval of the trustees, consisting of the governor of the state, the lieutenant-governor and the speaker of the assembly. His duties were to wash and clean floors and to act as policeman and guide in the capítol. After his discharge he applied for a peremptory writ of mandamus…
2Cases cited2 opinions
- People Ex Rel. Cline v. . RobbNew York Court of Appeals · 1891
- People Ex Rel. Griffin v. . LathropNew York Court of Appeals · 1894
3Cited by53 opinions
- Baden v. KochCourt of Appeals for the Second Circuit · 1980
- People Ex Rel. Jacobus v. . Van WyckNew York Court of Appeals · 1899
- Peo. Ex Rel. Hannan v. . Board of HealthNew York Court of Appeals · 1897
- Matter of Mylod v. GravesNew York Court of Appeals · 1937
- Matter of Christey v. . CochraneNew York Court of Appeals · 1914
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