People ex rel. O'Brien v. French
New York Supreme Court
Appeal from special term, Hew York county. Application for peremptory writ of mandamus by John J. O’Brien against Stephen B. French and others, constituting the board of police of Hew York city. Peremptory writ granted, and defendants appeals.
1Opinion of the CourtBartlett, J.
Two questions are presented by this appeal: First. Has the board of police the power to appoint the relator to the office of chief of the *331bureau oí elections, irrespective of the question whether he has passed a civil service examination or not? Second. If the board of police has such power, can the relator be preferred for appointment over other qualified candidates who are honorably discharged Union soldiers or sailors? I think the first of these questions must be answered in the affirmative, and the second in the negative. On May 24, 1884, the legislature passed an act amending the first…
2Cases cited7 opinions
- Smith v. . the PeopleNew York Court of Appeals · 1872
- Williams v. . WilliamsNew York Court of Appeals · 1853
- Cain v. StateTexas Supreme Court · 1857
- Bruckner's lessee v. LawrenceMichigan Supreme Court · 1843
- Powers v. . ShepardNew York Court of Appeals · 1872
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3Cited by3 opinions
- People ex rel. Stephens v. BardinNew York Supreme Court · 1889
- Ellithorpe v. Judges of Superior CourtNew York Supreme Court · 1890
- People ex rel. Ellithorpe v. Judges of Superior Court of BuffaloNew York Supreme Court · 1890