People ex rel. Mesick v. Scannell
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, William H. Mesick, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 4th day of March, 1901, upon the decision of the court rendered after a tidal at the New York Trial Term, a jury having been waived, dismissing an alternative writ of mandamus upon the merits. ■ On the 28th day of April, 1897, the foreman of repair shops of the New York fire department resigned his…
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Appeal by the relator, William H. Mesick, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 4th day of March, 1901, upon the decision of the court rendered after a tidal at the New York Trial Term, a jury having been waived, dismissing an alternative writ of mandamus upon the merits. ■ On the 28th day of April, 1897, the foreman of repair shops of the New York fire department resigned his position. The place was not filled, except by temporary appointments, until after the commencement of this proceeding. There…
1Opinion of the Court
Laughlin, J.: .
Where a veteran is deprived of any right to preference in appointment or promotion the statute now gives him a remedy by ■ man-*247clam us, and it is no longer an answer to show that his position has been filled by the appointment of another. (Laws of 1899, chap. 370, § 20; People ex rel. Cochrane v. Tracy, 35 App. Div. 265, 269; People ex rel. Tate v. Dalton, 158 N. Y. 204, 213.) It is .necessary in such cases, however, to make the incumbent a party in ■order that he may have his day in court. (People ex rel. Ballou v. Wendell, 57 Hun, 362; People ex rel. Hoyt v. Trustees, 19 App.…
2Cases cited9 opinions
- People Ex Rel. Balcom v. . MosherNew York Court of Appeals · 1900
- Matter of KeymerNew York Court of Appeals · 1896
- People Ex Rel. Tate v. . DaltonNew York Court of Appeals · 1899
- People ex rel. Hoffman v. RuppNew York Supreme Court · 1895
- People ex rel. Ballou v. WendellNew York Supreme Court · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Sinicropi v. BennettAppellate Division of the Supreme Court of the State of New York · 1983
- McGraw v. . GresserNew York Court of Appeals · 1919
- Parrish Bakeries of Georgia, Inc. v. Wiseman Baking Co.Court of Appeals of Georgia · 1961
- People ex rel. Weeks v. WardNew York Supreme Court · 1916
- Jones v. WillcoxAppellate Division of the Supreme Court of the State of New York · 1903
1 more not listed; retrieve them via the Exa API.