People, Ex Rel. Freligh v. . Matsell
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made February 7, 1879, which affirmed an order of Special Term, denying an application for a writ of mandamus herein, directed to defendants as commissioners of police of the city of blew York, and as such constituting the board of trustees of “the police life insurance fund,” requiring said board to rescind a resolution discontinuing a pension granted to the relator, and to restore…
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made February 7, 1879, which affirmed an order of Special Term, denying an application for a writ of mandamus herein, directed to defendants as commissioners of police of the city of blew York, and as such constituting the board of trustees of “the police life insurance fund,” requiring said board to rescind a resolution discontinuing a pension granted to the relator, and to restore him to the roll. The relator, on and prior to February 8, 1873, was surgeon of police; on that "day, by a resolution of…
1Opinion of the CourtFinch, J.
The right of the relator is the logical result of three propositions which sustain his claim if they interpret the statute provisions correctly. Two of these propositions are possibly sound, but the third, upon Avhich the whole contention hinges, is in our opinion erroneous. That the “ police life insurance fund ” belongs to the State ; that it is accumulated by legislative power and authority from taxes or assessments imposed upon officers, and from abandoned and unclaimed property which would otherwise revert to the sovereign ; and that the State, therefore, is the grantor of the fund or…
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- Richards v. City of GenevaNew York Supreme Court · 1936
- People ex rel. Caille v. MerrickNew York Supreme Court · 1891
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