People ex rel. Moloney v. Waring
Appellate Division of the Supreme Court of the State of New York
Appeal by George 0. Waring, Jr., commissioner of the department of street cleaning of the city of New York, from a final 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 20th day of May, 1896, directing that a peremptory writ of mandamus issue directing him to reinstate the relator in the position of engineer of stable “ A ” in the street cleaning department, which order was granted on the…
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Appeal by George 0. Waring, Jr., commissioner of the department of street cleaning of the city of New York, from a final 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 20th day of May, 1896, directing that a peremptory writ of mandamus issue directing him to reinstate the relator in the position of engineer of stable “ A ” in the street cleaning department, which order was granted on the decision of a referee appointed to hear and determine issues of fact raised by the return to an alternative writ of…
1Opinion of the Court
O’Brien, J.:
The relator was a veteran of the volunteer fire department and an honorably-discharged soldier. On May 4, 1894, he was appointed engineer of stable “ A ” in the street cleaning department, and continued in that position till May 1, 1895, when he was discharged without a hearing. Such discharge was pursuant to a letter from the assistant superintendent that his services were no longer needed.
The only question of fact we deem it necessary to discuss is, as to whether the "cause assigned was true.
Although rated as ah engineer, the relator was not performing, at the date of his…
2Cited by8 opinions
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- Funston v. District School Board, Etc.Oregon Supreme Court · 1929
- State Ex Rel. Hammond v. MaxfieldUtah Supreme Court · 1942
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