Legal Opinion

People Ex Rel. Leo v. . Hill

New York Court of Appeals

Decided June 2, 1891PublishedCited by 13 opinions

Appeal by relators John P. Leo, as captain, and Edward D. Stryker, as an enlisted member of Company I, Twenty-second Regiment, National Guard, S. N. Y., from order of the General Term of the Supreme Court in the first judicial department, made February 13, 1891, denying an application for a writ of certiorari to review an order made by the governor, as commander-in-chief of the military forces of this state, dated October 10, 1890, which disbanded said company.

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Appeal by relators John P. Leo, as captain, and Edward D. Stryker, as an enlisted member of Company I, Twenty-second Regiment, National Guard, S. N. Y., from order of the General Term of the Supreme Court in the first judicial department, made February 13, 1891, denying an application for a writ of certiorari to review an order made by the governor, as commander-in-chief of the military forces of this state, dated October 10, 1890, which disbanded said company. The facts, so far as material, are stated in the opinion. The order is appealable. (People ex rel. v. McCarthy, 102 N. Y. 635 ;…

1Opinion of the CourtAndrews, J.

The order of October 10, 1890, disbanding company I, of the 22d regiment of the national guard, and rendering the commissioned officers thereof supernumerary, was made by the executive as commander-in-chief of the military forces of the state. (Const, art. 4, § 4.) The power to make the order was conferred by the 7th section of the Military Code (Laws of 1883, ch. 299), which authorizes the commander-in-chief to alter, divide, annex, consolidate, disband or reorganize the brigades, regiments, battalions, troops, batteries and companies of the uniformed militia, “ whenever, in his judgment,…

2Cases cited5 opinions

  1. Houston v. MooreSupreme Court of the United States · 1820
  2. People Ex Rel. Corwin v. . WalterNew York Court of Appeals · 1877
  3. People Ex Rel. Cunningham v. RoperNew York Court of Appeals · 1866
  4. People v. ScrughamNew York Supreme Court · 1857
  5. People ex rel. Weeks v. EwenNew York Supreme Court · 1859

3Cited by13 opinions

  1. People Ex Rel. Smith v. . HoffmanNew York Court of Appeals · 1901
  2. Storer Broadcasting Company, Detroit Fire & Marine Insurance Company and Associated Aviation Underwriters v. United StatesCourt of Appeals for the Fifth Circuit · 1958
  3. United States Ex Rel. Gillett v. DernCourt of Appeals for the D.C. Circuit · 1934
  4. Alabama Great Southern Railroad v. United StatesUnited States Court of Claims · 1914
  5. State ex rel. Higdon v. JelksSupreme Court of Alabama · 1902

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