Dalton v. Darlington
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Thomas Darlington and others, as commissioners, etc., and the Department of Health of the City of New York, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 28th day of March, 1907, granting the relator’s motion for a peremptory writ of mandamus.
1Opinion of the Court
Miller, J.:
The relator applied for and obtained an order directing the issuance of a peremptory writ of mandamus requiring the appellants *856to restore the relator-to a position as food inspector in the department of health of the city of New York. Answering affidavits were filed by the defendants and the only question before us on this appeal is whether an issue of fact was raised, i. e., whether the relator’s right to the writ depended solely upon questions of law. Accepting as true the answering affidavits, the relator was regularly appointed from -the civil service list to said position for…
2Cases cited1 opinion
- People ex rel. McMorrow v. RooseveltAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by8 opinions
- Going v. KennedyAppellate Division of the Supreme Court of the State of New York · 1958
- Tuller v. Central School District No. 1New York Court of Appeals · 1976
- Marasco v. MorseNew York Supreme Court · 1940
- People Ex Rel. Heffernan v. SmykalAppellate Court of Illinois · 1957
- Rose v. Civil Service CommissionAppellate Court of Illinois · 1957
3 more not listed; retrieve them via the Exa API.