People ex rel. Tate v. Dalton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William Dalton, commissioner of water supply of the city of New York, and James Moffett, deputy commissioner of water supply in the borough of Brooklyn, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings, on the 23d day of May, 1899, granting the relator’s motion for a peremptory writ of mandamus directed to the defendants commanding them to restore the relator to…
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Appeal by the defendants, William Dalton, commissioner of water supply of the city of New York, and James Moffett, deputy commissioner of water supply in the borough of Brooklyn, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings, on the 23d day of May, 1899, granting the relator’s motion for a peremptory writ of mandamus directed to the defendants commanding them to restore the relator to his position as water registrar in the borough of Brooklyn.
1Opinion of the Court
Cullen, J.:
The relator hitherto instituted proceedings for a writ of mandamus to restore him to the position of water registrar, from which he had been removed. That proceeding was taken against William Dalton, the commissioner of water supply of the city of New York.. The relator’s application was denied. We affirmed this disposition of the case by the Special Term, on the ground that the position to which the relator sought restoration was a public office and that his remedy was by quo warranta, not by mandamus. (People ex rel. Tate v. Dalton, 34 App. Div. 6.) Our decision was affirmed by…
2Cases cited5 opinions
- Robertson v. SichelSupreme Court of the United States · 1888
- People Ex Rel. Tate v. . DaltonNew York Court of Appeals · 1899
- People ex rel. Speight v. ColerAppellate Division of the Supreme Court of the State of New York · 1898
- People ex rel. Tate v. DaltonAppellate Division of the Supreme Court of the State of New York · 1898
- People Ex Rel. Speight v. . ColerNew York Court of Appeals · 1898
3Cited by8 opinions
- Klatt v. AkersSupreme Court of Iowa · 1942
- People Ex Rel. Ryan v. . WellsNew York Court of Appeals · 1903
- People ex rel. Coit v. WheelerNew York Supreme Court · 1902
- Bell v. City of Few YorkAppellate Division of the Supreme Court of the State of New York · 1899
- Bell v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1899
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