People Ex Rel. Jacobus v. . Van Wyck
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 13, 1898, reversing an order of the Special Term granting a peremptory writ of mandamus requiring the mayor of the city of New York to assign the relator to serve as a member of the board of assessors of the city. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 13, 1898, reversing an order of the Special Term granting a peremptory writ of mandamus requiring the mayor of the city of New York to assign the relator to serve as a member of the board of assessors of the city. The facts, so far as material, are stated in the opinion. In his position as an assessor of the old city the relator was protected by the Yeteran Law, and could not have been removed except for cause. (People ex rel. v. Barker, 1 App. Div. 532; 149 N. Y. 607; People…
1Opinion of the Court
Parker, Ch. J.
The order appealed from must stand, because, 1st. In the language of this court in People ex rel. D. L. I. Co. v. Jeroloman (139 N. Y. 14, 18), “ the order of the General Term of the Supreme Court (in this case the Appellate Division) does not state upon what ground the decision is based, and the writ may have been refused as a matter of discretion. We do not look into the opinion for the grounds upon which the court proceeds in such cases.” The record discloses that the orders in the two cases are in all essential respects alike, and, therefore, the decision in JerolomarSs case…
2Cases cited6 opinions
- People Ex Rel. Westchester Fire Insurance v. DavenportNew York Court of Appeals · 1883
- People Ex Rel. Fonda v. . MortonNew York Court of Appeals · 1896
- People, Ex Rel. Collins v. . SpicerNew York Court of Appeals · 1885
- Bell v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1887
- People Ex Rel. Durant Land Improvement Co. v. JerolomanNew York Court of Appeals · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- People Ex Rel. Rodgers v. . ColerNew York Court of Appeals · 1901
- In re DawsonAppellate Division of the Supreme Court of the State of New York · 1931
- Matter of Byrnes v. WindelsNew York Court of Appeals · 1934
- People Ex Rel. Hoefle v. . CahillNew York Court of Appeals · 1907
- O'Day v. YeagerNew York Court of Appeals · 1955
44 more not listed; retrieve them via the Exa API.