People ex rel. O'Brien v. Cruger
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Application by John J. O’Brien for a peremptory writ of mandamus to compel S. Van Rensselaer Oruger and others, as park commissioners, to reinstate him in the position of teamster, from which he had been removed. From an order denying the motion, re-, lator appeals.
1DissentWilliams, J.
The relator was appointed April 18, 1896, and was removed May 30, 1896, without any hearing being had upon notice to the relator upon charges made. He was an honorably discharged sailor of the navy of the United States, having enlisted March 17, 1863, as a first-class messenger boy, and having been discharged February 23, 1864. When he was appointed he informed one of the board—Commissioner McMillan— that he was a veteran. The application for the writ was made upon notice to the park board, served about -July 1, 1896. The board claimed that the removal of relator was for misconduct; that the…
2Cases cited7 opinions
- Attorney General v. City of BostonMassachusetts Supreme Judicial Court · 1877
- People Ex Rel. Fonda v. . MortonNew York Court of Appeals · 1896
- Myers v. MayorNew York Supreme Court · 1893
- Palmer v. StacySupreme Court of Iowa · 1876
- People ex rel. Brady v. BrookfieldAppellate Division of the Supreme Court of the State of New York · 1896
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