People Ex Rel. Devery v. . Coler
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 20, 1902, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the defendant to j>ay to the relator the salary of chief of police of Mew York city for the month of February, 1901. The facts, so far as material, are stated 'in tire opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 20, 1902, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the defendant to j>ay to the relator the salary of chief of police of Mew York city for the month of February, 1901. The facts, so far as material, are stated 'in tire opinion. Chapter 33 of the Laws of 1901 is in direct conflict with section 1, article 1, and section 1, article 13, of the Constitution of the state of Mew York. (Barker v. People, 3 Cow. 686; Rogers v.…
1Opinion of the CourtCullen, J.
The relator was the chief of police of the city of Flew York as that force was organized and constituted prior to the enactment of a statute passed on February 22nd, 1901, known as chapter 33 of the laws of that year. By the first section of that act the official terms of the police commissioners then in office were abrogated, and all their powers and duties imposed on a single commissioner to be appointed within ten days after the passage of the lawn By section 3 the office of chief of police of the city of Flew York was abolished, and his powers and duties granted to and imposed upon the…
2Cases cited17 opinions
- Stone v. MississippiSupreme Court of the United States · 1880
- The People v. . Simeon DraperNew York Court of Appeals · 1857
- People Ex Rel. City of Rochester v. BriggsNew York Court of Appeals · 1872
- Metropolitan Board of Excise v. . BarrieNew York Court of Appeals · 1866
- People Ex Rel. Bolton v. . AlbertsonNew York Court of Appeals · 1873
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3Cited by49 opinions
- Ashley v. Three Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1917
- People v. . AhearnNew York Court of Appeals · 1909
- Gautier v. . DitmarNew York Court of Appeals · 1912
- Matter of CallahanNew York Court of Appeals · 1910
- Levin v. HewesCourt of Appeals of Maryland · 1912
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