People Ex Rel. Clapp v. Board of Police of the Police Department
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, dismissing a writ of certiorari brought to review the proceedings and decision of the board of police of the city of Hew York, removing the relator from the office of patrolman. (Mem. of decision below, 5 Hun, 457.) The fapts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, dismissing a writ of certiorari brought to review the proceedings and decision of the board of police of the city of Hew York, removing the relator from the office of patrolman. (Mem. of decision below, 5 Hun, 457.) The fapts appear sufficiently in the opinion. The defendant never acquired jurisdiction over the subject-matter of the charge and evidence under which they removed relator. (Skahan’s Case, 10 Hun, 108.) The resolution passed by defendant was conclusive in the certiorari proceedings.…
1Opinion of the CourtAndrews, J.
The relator was removed by the board of police from the office of patrolman, after trial and conviction, by the board upon the charge of “ conduct unbecoming an officer.” This is one of the causes specified in the fifty-fifth section of the act, chapter 335 of the Laws of 1873, for which members of the police force may be removed. The specifications annexed to and explanatory of the charge alleged in substance that the relator acted as patrolman without authority of law, in that when he was appointed patrolman in 1873 by the then board of police he was more than thirty years of age, and was…
2Cases cited1 opinion
- People Ex Rel. Cook v. Board of Police of the Metropolitan Police DistrictNew York Court of Appeals · 1868
3Cited by10 opinions
- Mercantile Nat. Bank v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1902
- Gilbert v. Board of Police & Fire CommissionersUtah Supreme Court · 1895
- State ex rel. Heilbron v. Van BrocklinWashington Supreme Court · 1894
- Van Valkenburgh v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
- Wilson v. City of SeattleWashington Supreme Court · 1891
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