People ex rel. Weintz v. Burch
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John H. Burch and others, forming the common council of the city of Middletown, and others, from an order of the Supreme Court, made at the Orange Special Term and entered in the office of the clerk of the county of Orange on the 15th day of September, 1902, directing the issuance of a peremptory writ of mandamus requiring the appointment of the relator as superintendent of streets in said city.
1Opinion of the Court
Hirschberg, J.:
The only question presented on this appeal is whether the relator is entitled to a preference in appointment for the office of superintendent of streets of the city of Middletown as an honorably discharged soldier from the army of the United States in the late Civil war. He duly submitted to an open competitive examination for the place under a claim for such preference, and there is no dispute of the fact that he is such honorably discharged soldier. The proper municipal civil service commission returned to the appointing power, the common council of the city of Middletown,…
2Cases cited2 opinions
- People Ex Rel. Balcom v. . MosherNew York Court of Appeals · 1900
- People ex rel. Hamilton v. StrattonAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by3 opinions
- People ex rel. Qua v. GaffneyAppellate Division of the Supreme Court of the State of New York · 1911
- Barthelmess v. CukorAppellate Division of the Supreme Court of the State of New York · 1920
- People ex rel. Qua v. GaffneyAppellate Division of the Supreme Court of the State of New York · 1911