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.
1Opinion of the CourtRumsey, J.
On the 18th day of April, 1896, the relator was appointed to the position of teamster with team, in the employ of the park commission, from which position he was removed on the 30th of May, 1896, *537without any hearing being had on notice to him upon charges made. He made this motion for a writ of mandamus, which was denied at the Special Term, and he now appeals from the order denying his motion. Where one moves upon notice of motion for a peremptory mandamus he is entitled to it only when there is no conflict of fact in the paper's presented to the court on the hearing, The Code provides that…
2Cases cited6 opinions
- United States v. BoutwellSupreme Court of the United States · 1873
- Attorney General v. City of BostonMassachusetts Supreme Judicial Court · 1877
- In Re Haebler v. . N.Y. Produce ExchangeNew York Court of Appeals · 1896
- Buell v. . Van CampNew York Court of Appeals · 1890
- Myers v. MayorNew York Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- O'Connell Home Builders, Inc. v. City of ChicagoAppellate Court of Illinois · 1981
- People ex rel. Vineing v. HayesAppellate Division of the Supreme Court of the State of New York · 1909
- Martínez Nadal v. SaldañaSupreme Court of Puerto Rico · 1924
- People ex rel. McDonald v. ClausenAppellate Division of the Supreme Court of the State of New York · 1900
- People Ex Rel. Edelman v. HunterAppellate Court of Illinois · 1953
17 more not listed; retrieve them via the Exa API.