People ex rel. Drake v. Sutton
New York Supreme Court
Appeal from special term. Applications by Theodore A. Drake, Daniel O’Reilly, Frederick A. Davis, and William A. Brown, respectively, for writs of mandamus to compel John R Sutton and others, constituting the board of audit of the city of Brooklyn, to restore relators to clerkships in the board of audit. From final orders directing that peremptory writs issue, defendants appeal.
1Opinion of the CourtBrown, P. J.
The relators are all veteran volunteer firemen of the city of Brooklyn, and prior to January 31, 1895, were clerks in the board of audit of that city, and on that day were discharged.
By chapter 577, Laws 1892, veteran volunteer firemen, holding positions by appointment in any city of this state, and receiving a salary from such city, cannot be removed from their positions except for cause after a hearing had, unless they hold their positions for a definite term, or filled the position of private secretary, chief clerk, or deputy to the official or department, or held confidential relations to…
2Cases cited1 opinion
- People Ex Rel. Wren v. . GoettingNew York Court of Appeals · 1892
3Cited by11 opinions
- People ex rel.Corkhill v. McAdooAppellate Division of the Supreme Court of the State of New York · 1904
- Ransom v. Mayor of BostonMassachusetts Supreme Judicial Court · 1907
- Klatt v. AkersSupreme Court of Iowa · 1942
- People ex rel. Tate v. DaltonAppellate Division of the Supreme Court of the State of New York · 1898
- Volgenau v. FineganNew York Supreme Court · 1937
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