People ex rel. Hall v. President & Board of Trustees
New York Supreme Court
Appeal from order of special term denying writ of mamdamus. The relator applied for appointment as village attorney,, claiming to be entitled thereto as an honorably discharged Union soldier, under chap. 464, Laws 1887. His application was rejected, and a person appointed who was not a discharged soldier. He then applied for a writ of mandamus to compel his appointment.
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Appeal from order of special term denying writ of mamdamus. The relator applied for appointment as village attorney,, claiming to be entitled thereto as an honorably discharged Union soldier, under chap. 464, Laws 1887. His application was rejected, and a person appointed who was not a discharged soldier. He then applied for a writ of mandamus to compel his appointment. The respondents claim that they had the right to determine .as to his qualifications for the office ; that they in good faith considered that question, and determined it against the relator, and that the court could, not…
1Opinion of the CourtWilliams, J.
The statute under which this application is made provides that “ honorably discharged Union soldiers and sailors shall be preferred for appointment and employment ; ” and that “ age, loss of limb, or other physical impairments which do not in fact incapacitate, shall not be • deemed to disqualify them, provided they possess the business capacity necessary to discharge the duties of the position involved.” The statute, it will be seen, does not provide the person appointed or employed shall be such discharged soldier. The intention of the statute was not to compel the appointment of, but…
2Cases cited10 opinions
- People Ex Rel. Francis v. . Common CouncilNew York Court of Appeals · 1879
- Rogers v. . Common Council of BuffaloNew York Court of Appeals · 1890
- The People Ex Rel. Millard v. . ChapinNew York Court of Appeals · 1887
- Emmitt v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1891
- Peck v. . BelknapNew York Court of Appeals · 1892
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