Legal Opinion

The People, Ex Rel. Murphy v. . French

New York Court of Appeals

Decided April 24, 1883PublishedCited by 4 opinions

Appeal from order of the General Term of the Supreme Court, made May 20, 1881, which affirmed an order of Special Term affirming the proceedings of the board of police of the police department in the city of New York, which were brought up for review by certiorari.

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Appeal from order of the General Term of the Supreme Court, made May 20, 1881, which affirmed an order of Special Term affirming the proceedings of the board of police of the police department in the city of New York, which were brought up for review by certiorari. In January, 1880, written charges were preferred against the relator, who was a patrolman, for conduct unbecoming an officer, with specifications for improperly demanding and receiving sums of money from houses of prostitution. The usual notice of examination was given to him. Such examination was had in May, 1880, the relator…

1Opinion of the Court

Ruger, Ch. J.

Upon conflicting evidence the relator was removed by the board of police commissioners from his position as a member of the police force of the city of Hew York.

The board had jurisdiction to make the order, and the charges made against the relator were sufficient to warrant his removal, if legally established. (§ 55, chap. 335, Laws of 1873.) '

The Special and General Terms have both affirmed the order of the commissioners upon the merits, and we are now asked to review the evidence upon which their determinations were based.

It is claimed by the appellant that by force of section…

2Cases cited1 opinion

  1. People Ex Rel. Hart v. Board of Fire CommissionersNew York Court of Appeals · 1880

3Cited by4 opinions

  1. People Ex Rel. Masterson v. . FrenchNew York Court of Appeals · 1888
  2. People Ex Rel. Coyle v. . MartinNew York Court of Appeals · 1894
  3. People Ex Rel. McCabe v. Board of Fire CommissionersNew York Court of Appeals · 1887
  4. People ex rel. Bradley v. FrenchNew York Supreme Court · 1887

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