Legal Opinion

Matter of Sugden v. . Partridge

New York Court of Appeals

Decided March 6, 1903PublishedCited by 24 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 17, 1903, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the commissioner of police of the city of Dew York to revoke an order remanding the petitioner from the bureau of detectives to patrol duty. 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 January 17, 1903, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the commissioner of police of the city of Dew York to revoke an order remanding the petitioner from the bureau of detectives to patrol duty. The facts, so far as material, are stated in the opinion. Section 290 of the revised charter was plainly within the power to create municipal corporations, and to enact, amend or repeal their charters, inherent in the people of…

1Opinion of the CourtHaight, J.

The facts are without substantial dispute. The petitioner was duly appointed a patrolman of the uniformed police force of the police department of the city of 27ew York on or about the 11th day of April, 1896, and continued in the discharge of his duties as such patrolman until the 18th day of February, 1901, at which time he was, by a resolution of the board, of police, designated and assigned to duty as a detective of the detective bureau with rank of detective sergeant, in which position he served until July 17th, 1902, at which time the commissioner of police by an order remanded him to…

2Cases cited2 opinions

  1. Chittenden v. . WursterNew York Court of Appeals · 1897
  2. People Ex Rel. Waddy v. . PartridgeNew York Court of Appeals · 1902

3Cited by24 opinions

  1. Matter of Fornara v. SchroederNew York Court of Appeals · 1933
  2. Wood v. IrvingNew York Court of Appeals · 1995
  3. People v. . FrudenbergNew York Court of Appeals · 1913
  4. People v. ElkinMount Vernon City Court · 1948
  5. Bacon v. Board of EducationNew York Supreme Court · 1953

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