Legal Opinion

People ex rel. Croft v. Keating

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

Decided July 1, 1900PublishedCited by 18 opinions

Appeal by the defendant, J ames P. Keating, as commissioner of highways, 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 7th day of September, 1899, granting the relator’s motion for a peremptory writ of mandamus requiring the said James P. Keating, as commissioner of highways of the city of New York, to forthwith reinstate and employ the relator in the place of assistant foreman,…

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Appeal by the defendant, J ames P. Keating, as commissioner of highways, 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 7th day of September, 1899, granting the relator’s motion for a peremptory writ of mandamus requiring the said James P. Keating, as commissioner of highways of the city of New York, to forthwith reinstate and employ the relator in the place of assistant foreman, or in some position in the service drawing the same pay as assistant foreman, with all the salary, interest and…

1Opinion of the Court

Rumsey, J.:

The relator alleges that he is a veteran of the war of the Rebellion and that, being an assistant foreman in the department of high*124ways, at a salary of two dollars and fifty cents a day, he was, on the 30th of June, 1898, removed from that position and the position abolished, and that he was put to work as a laborer, receiving pay by the hour; and he' asks that a peremptory writ of mandamus be granted, addressed to the commissioner of highways, to transfer him to some other branch of the service to a duty which he is able to fulfill in which he will receive the same compensation as…

2Cases cited4 opinions

  1. People Ex Rel. Corrigan v. . the Mayor, Etc.New York Court of Appeals · 1896
  2. Breckenridge v. ScannellNew York Court of Appeals · 1899
  3. People ex rel. Young v. CollisAppellate Division of the Supreme Court of the State of New York · 1896
  4. In re McDonaldAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by18 opinions

  1. Teeple v. State ex rel. BowerIndiana Supreme Court · 1908
  2. Caswell v. MorgenthauCourt of Appeals for the D.C. Circuit · 1938
  3. Harby v. Board of EducationCalifornia Court of Appeal · 1905
  4. People ex rel. Connolly v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1906
  5. State Ex Rel. Hammond v. MaxfieldUtah Supreme Court · 1942

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