People ex rel. Warschauer v. Dalton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William Dalton, commissioner of water supply of the city of New York, 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 13th day of December, 1899, granting the relator’s motion for a peremptory writ of mandamus directing the reinstatement of the relator and the payment of back salary.
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Appeal by the defendant, William Dalton, commissioner of water supply of the city of New York, 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 13th day of December, 1899, granting the relator’s motion for a peremptory writ of mandamus directing the reinstatement of the relator and the payment of back salary. This proceeding was instituted by a notice of motion dated June 28, 1899. " •
1Opinion of the Court
Patterson, J.:
By the order from, which this appeal is taken, the relator was-awarded a peremptory writ of mandamus commanding the défendant, .commissioner ' of water supply of .the city of New York, to forthwith reinstate and re-employ him in the position of - inspector of water supply to shipping in the department of water supply of the city of New York, from which position he had been summarily removed by the defendant. The application to the court below was made upon a petition of the relator with schedules annexed thereto, and in' resistance an affidavit was presented on behalf of the…
2Cases cited5 opinions
- Pray v. . HegemanNew York Court of Appeals · 1885
- People Ex Rel. Fleming v. . DaltonNew York Court of Appeals · 1899
- Marsh v. . MastertonNew York Court of Appeals · 1886
- People ex rel. Leet v. KellerAppellate Division of the Supreme Court of the State of New York · 1898
- People Ex Rel. Warschauer v. . DaltonNew York Court of Appeals · 1899
3Cited by2 opinions
- People ex rel. Hoeges v. GuilfoyleAppellate Division of the Supreme Court of the State of New York · 1901
- Luce v. New York, Chicago & St. Louis RailroadAppellate Division of the Supreme Court of the State of New York · 1925