People Ex Rel. Folk v. Board of Police & Excise
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, upon a common law certiorari, affirming proceedings of defendant in removing the relator from the office of superintendent of police of the city of Brooklyn.
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Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, upon a common law certiorari, affirming proceedings of defendant in removing the relator from the office of superintendent of police of the city of Brooklyn. Charges were preferred against the relator in writing, under the provisions of section 14 of chapter 863, Laws of 1873, which confers power upon the board of police and excise of the city of Brooklyn to remove, on conviction, any member of the force for any legal .offence, neglect of duty, violation of rules or incapacity. The charges were…
1Opinion of the Court
Church, Ch. J.
This is an appeal from a judgment upon a common law certiorari, affirming proceedings of defendant in removing relator- from the office of superintendent of the Brooklyn police force. The statute (chap. 863, of the Laws of 1873, § 14) confers power upon the police board to remove on conviction any member of the force for any legal offence, neglect of duty, violation of rules or incapacity. Ho question is made but that the board had jurisdiction of the person and of the subject matter. The accused had a full, and as we must presume, a fair trial, and had the benefit of counsel to…
2Cases cited2 opinions
- People Ex Rel. Cook v. Board of Police of the Metropolitan Police DistrictNew York Court of Appeals · 1868
- Rollin v. . CrossNew York Court of Appeals · 1871
3Cited by12 opinions
- Dryden v. SwinburneWest Virginia Supreme Court · 1882
- People Ex Rel. Flanagan v. Board of Police CommissionersNew York Court of Appeals · 1883
- People v. . TrezzaNew York Court of Appeals · 1891
- Gilbert v. Board of Police & Fire CommissionersUtah Supreme Court · 1895
- Davidson v. WhitehillSupreme Court of Vermont · 1914
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