Legal Opinion

People ex rel. Young v. Collis

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 32 opinions

- Appeal by the defendant, Charles H. T. Collis, commissioner of public works of the city of New York* from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 16th day of January, 1896, directing that a peremptory writ of mandamus issue commanding him as commissioner of public works of the city of New York to reinstate the relator in the position held by him in the department of public…

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- Appeal by the defendant, Charles H. T. Collis, commissioner of public works of the city of New York* from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 16th day of January, 1896, directing that a peremptory writ of mandamus issue commanding him as commissioner of public works of the city of New York to reinstate the relator in the position held by him in the department of public works, from which he had been discharged. The relator was appointed in 1891 by the then commissioner of public works,…

1Opinion of the Court

Williams, J.:

Without considering or determining the other questions raised upon this appeal it seems to us the order appealed from should not have been made by reason of the delay and laches on the part of the relator in demanding reinstatement in the office from which he had been discharged, and in applying for a mandamus to compel such reinstatement.

■ In People ex rel. Miller v. Justices (78 Hun, 334) this principle of laches was held, Mr. Justice Yah Bruht in his opinion saying: ' “ Without considering any of the questions which are attempted to be presented on this appeal, we think the…

2Cases cited2 opinions

  1. People ex rel. Miller v. Justices of Court of General SessionsNew York Supreme Court · 1894
  2. Vanderhoff v. PalmerNew York Supreme Court · 1896

3Cited by32 opinions

  1. Kenneally v. City of ChicagoIllinois Supreme Court · 1906
  2. La Shells v. HenchCalifornia Court of Appeal · 1929
  3. Caswell v. MorgenthauCourt of Appeals for the D.C. Circuit · 1938
  4. People ex rel. Croft v. KeatingAppellate Division of the Supreme Court of the State of New York · 1900
  5. Bill v. BOARD OF EDUC. OF SCHOOL DIST. 99Appellate Court of Illinois · 2004

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