People ex rel. Mitchel v. LaGrange
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court and attested on the 27th day of September, 1895, directed to O. H. LaGrange, James R. Sheffield and Austin E. Ford, fire commissioners of the city of Hew York, commanding them to certify and return to the office of the clerk of the county of Hew York all and singular their proceedings in relation to the dismissal of the relator from the position of fire marshal of the city of Hew York.
1Opinion of the Court
Barrett, J.:
The cases where the dismissal of police officers and firemen have been reviewed upon certiorari are inapplicable here. These officials-are entitled by law to a regular trial, and the court upon certiorari is authorized to review the testimony to the extent and in the manner-provided in section 2140 of the Code of Civil Procedure. Ho such, right to a formal trial upon evidence is given to the head of a bureau in any of the departments of the city government. The provision of section 48 of the Consolidation Act (Laws of 1882, chap. 410) limits-their right in this regard-to…
2Cases cited3 opinions
- Duplex Safety Boiler Co. v. . GardenNew York Court of Appeals · 1886
- People, Ex Rel. Keech v. . ThompsonNew York Court of Appeals · 1884
- People Ex Rel. Campbell v. CampbellNew York Court of Appeals · 1880
3Cited by21 opinions
- Matter of Griffin v. . ThompsonNew York Court of Appeals · 1911
- People Ex Rel. Van Tine v. . PurdyNew York Court of Appeals · 1917
- People Ex Rel. Packwood v. . RileyNew York Court of Appeals · 1922
- Krohn v. Board of Water & Power CommissionersCalifornia Court of Appeal · 1928
- Brzezinski v. WiaterAppellate Division of the Supreme Court of the State of New York · 1974
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