People ex rel. Streubel v. York
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court and attested on the '17th day of May, 1898,'directed to Bernard J. York and others, composing the board of police commissioners of the police department 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 had in dismissing the relator, William E. Streubel, from the police force of the city of Hew York.
1Opinion of the Court
Barrett, J. :
The relator seeks reinstatement upon the authority of People ex rel. Kasschau v. Commissioners (155 N. Y. 40). He states in Ms;petition that the witnesses who testified against him were not sworn.. Hpon this the writ specifically required the respondents to return “ whether the testimony given ” at the relator’s trial “ was or was-not given under oath.” The. respondents were not in office when the relator was removed. They could not, therefore, make the return thus required, upon their own knowledge. The return they did make reads as follows:
“ Sixth. That an examination of the…
2Cases cited2 opinions
- People Ex Rel. Kasschau v. Board of Police CommissionersNew York Court of Appeals · 1898
- People Ex Rel. Miller v. . WursterNew York Court of Appeals · 1896
3Cited by2 opinions
- People ex rel. Grogan v. YorkAppellate Division of the Supreme Court of the State of New York · 1900
- People ex rel. Village of Brockport v. SutphinAppellate Division of the Supreme Court of the State of New York · 1900