People Ex Rel. Dunn v. . Ham
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 29, 1901, which affirmed an order of 'Special Term granting a peremptory writ of mandamus directing the defendant to reinstate the relator in the position of stationhouse keeper in the city of Albany. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 29, 1901, which affirmed an order of 'Special Term granting a peremptory writ of mandamus directing the defendant to reinstate the relator in the position of stationhouse keeper in the city of Albany. The facts, so far as material, are stated in the opinion. The ordinance was a valid exercise of the legislative power vested in the common council by the charter of cities of the second class. (L. 1898, ch. 182, art. 2, § 12; Duryee v. Mayor., etc., 96 N. Y. 477; Rathbone v.…
1Opinion of the CourtMartin, J.
Whether, for the purpose of an economical administration of municipal affairs, the common council of the city of Albany possessed power to abolish the position of stationhouse keeper, is the only question involved upon this appeal.. The Albany police department was organized in 1870 by title 12 of chapter 77 of the Laws of that year, and as amended by chapter 495 of the Laws of 1873 it was in force when the statute for the government of cities of the second class went into effect. Section 2 of title 12, Laws 1870, provided : “ The powers and duties connected with and incident to the police…
2Cases cited1 opinion
- People Ex Rel. Corrigan v. . the Mayor, Etc.New York Court of Appeals · 1896
3Cited by9 opinions
- City of Rochester v. MacAuley-fien Milling Co.New York Court of Appeals · 1910
- Leary v. PhiladelphiaSupreme Court of Pennsylvania · 1933
- Cleveland v. . City of WatertownNew York Court of Appeals · 1917
- Dooling v. Fire Commissioner of MaldenMassachusetts Supreme Judicial Court · 1941
- Tyrrell County v. . HollowaySupreme Court of North Carolina · 1921
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