People ex rel. Eakins v. Roosevelt
New York Court of Common Pleas
Application by Joseph B. Eakins for a writ of mandamus to compel Theodore Roosevelt and others, constituting the board of police commissioners, to retire relator from service in the police force of New York City with a pension, pursuant to the provisions of Laws 1882, c. 410 (Consolidation Act), § 307, as amended by Laws 1895, c. 569. Relator moves for a peremptory writ of mandamus.
1Opinion of the Court
BISCHOFF, J;
Under the enactment commonly known as the “Bi-Partisan Police Act” (Laws 1895, c. 569), the retirement of a police officer, upon his application, is mandatory upon the board of police if such officer shall have served upon the force for a term of 25 years, and there shall be “no charges against him pending.” That the relator made application for discharge and retirement with pension, that he had served on the police force for a period of 29 years, and that his application was refused, is not matter of dispute; but the board’s action is defended upon the ground that charges-were…
2Cases cited6 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Jackson ex dem. Scofield v. CollinsNew York Supreme Court · 1824
- People Ex Rel. Bockes v. . WempleNew York Court of Appeals · 1889
- People Ex Rel. Brady v. . MartinNew York Court of Appeals · 1895
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3Cited by3 opinions
- Ewald v. Medical Society of the County of New YorkAppellate Division of the Supreme Court of the State of New York · 1911
- Roddy v. McLaughLinAppellate Division of the Supreme Court of the State of New York · 1927
- Ewald v. Medical Society of the County of New YorkNew York Supreme Court · 1911