People Ex Rel. Crummey v. . Palmer
New York Court of Appeals
Appeal by the defendant, individually, and as comptroller of the city of Brooklyn, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 19, 1896, which affirmed an order and judgment awarding a peremptory mandamus in favor of the relator, the nature of which and the facts relating thereto are stated in the opinion.
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Appeal by the defendant, individually, and as comptroller of the city of Brooklyn, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 19, 1896, which affirmed an order and judgment awarding a peremptory mandamus in favor of the relator, the nature of which and the facts relating thereto are stated in the opinion. The action of the comptroller in removing the relator was legal because the relator fell within the classes expressly excepted by the statute. (L. 1888, ch. 583; People ex rel. v. Armbruster, 59 Hun, 586; People ex rel. v.…
1Opinion of the CourtHaight, J.
Robert Crummey, the relator, was a member of the volunteer fire department of the city of Brooklyn, and as such had served the time required by law, and had received his discharge. In May, 1886, he was appointed to the position of assistant warrant clerk in the office of the comptroller of the city, and continued in that position until the 30th day of January, 1895, at which time he was discharged by the comptroller. On the 19th day of July, 1895, he instituted proceedings for a mandamus to compel his reinstatement. An alternative writ was issued, upon which issue was joined, which was tried…
2Cases cited1 opinion
- In re OstranderNew York Supreme Court · 1895
3Cited by27 opinions
- Chittenden v. . WursterNew York Court of Appeals · 1897
- People Ex Rel. Sweet v. . LymanNew York Court of Appeals · 1898
- In re BrandAppellate Division of the Supreme Court of the State of New York · 1918
- Allen v. WegmanSupreme Court of Iowa · 1934
- Klatt v. AkersSupreme Court of Iowa · 1942
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