Legal Opinion

People ex rel. Drake v. Common Council of City of Syracuse

New York Supreme Court

Decided February 15, 1899PublishedCited by 3 opinions

This application was originally made for a peremptory mandamus “ requiring the said common council to request said board (of civil service commissioners) to furnish the name of one eligible person who is graded highest on the register of said board for the position of Custodian of the City Hall, and to appoint the relator to that position, and requiring said civil service board to make and deliver to said common council a certificate stating that the relator is an eligible…

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This application was originally made for a peremptory mandamus “ requiring the said common council to request said board (of civil service commissioners) to furnish the name of one eligible person who is graded highest on the register of said board for the position of Custodian of the City Hall, and to appoint the relator to that position, and requiring said civil service board to make and deliver to said common council a certificate stating that the relator is an eligible person and is graded highest for the position of Custodian of the City Hall on the register kept by said board, and also…

1Opinion of the CourtHiscock, J.

Upon this application the following facts appeared and were undisputed:

There is an office in and under the municipal government of the city of Syracuse which is known as “ Oustodian of the City Hall,” which was created and is filled by appointment by the common council of said city, and which office is subject to the civil service laws of the state and is embraced in Schedule B of the rules and regulations for admission to the civil service of said city, making it subject to competitive examination. On or about February 14, 1898, said office became vacant through the death of the then…

2Cases cited3 opinions

  1. People Ex Rel. Corrigan v. . the Mayor, Etc.New York Court of Appeals · 1896
  2. Matter of KeymerNew York Court of Appeals · 1896
  3. People ex rel. Hoyt v. Board of Trustees of Village of Ballston SpaAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by3 opinions

  1. In re DarlingNew York Supreme Court · 1911
  2. In re BalcomNew York Supreme Court · 1899
  3. People ex rel. Tobin v. KnauberNew York Supreme Court · 1899

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