Stutzbach v. Coler
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Hew York county. Application of Otto Stutzbach for mandamus to require Bird S.. Coler, as comptroller of the city of Hew York, to reinstate petitioner' as warrant clerk. From an order of special term denying the writ (68. H. Y. Supp. 738), petitioner appeals.
1Opinion of the CourtHatch, J.
The relator, a resident of the borough of Richmond, Hew York, an honorably discharged soldier of the United States in the late Civil War, was employed in July, 1898, as warrant clerk in the auditor’s office at a salary of $1,200 a year, and was transferred from the borough of Richmond to the borough of Manhattan ón De-: cember 15, 1899. He was discharged from such employment on January 12,1901, without charges, notice, or opportunity to be heard, for-the alleged reason that the appropriation available for the maintenance of the department in which he was employed was not suffieientto provide…
2Cases cited6 opinions
- Matter of KeymerNew York Court of Appeals · 1896
- Breckenridge v. ScannellNew York Court of Appeals · 1899
- People ex rel. O'Brien v. CrugerAppellate Division of the Supreme Court of the State of New York · 1896
- Sullivan v. GilroyNew York Supreme Court · 1890
- People ex rel. McDonald v. ClausenAppellate Division of the Supreme Court of the State of New York · 1900
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3Cited by1 opinion
- People ex rel. Dixon v. SimonsonAppellate Division of the Supreme Court of the State of New York · 1901