Legal Opinion

People ex rel. Miller v. Elmendorf

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1899PublishedCited by 8 opinions

. Certiorari issued out of the Supreme Court and attested on. the 17th day of April, 1899, directed to William C. Elmendorf, mayor of the city of Ithaca, commanding him to certify and return to the office of the clerk of the county of Tompkins all and singular the proceedings taken in dismissing the relator from the police force of the city of Ithaca.

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. Certiorari issued out of the Supreme Court and attested on. the 17th day of April, 1899, directed to William C. Elmendorf, mayor of the city of Ithaca, commanding him to certify and return to the office of the clerk of the county of Tompkins all and singular the proceedings taken in dismissing the relator from the police force of the city of Ithaca. The relator is an honorably discharged soldier, who served in the Union army during the War of the Eebellion, and had never served in the Confederate army. He passed the civil service examination for the position of police officer in the city of…

1Opinion of the Court

Herrick, J.:

Section 1 of chapter 821 of the Laws of 1896, being an act to amend'chapter 312 of the Laws of 1884, provides that “No person holding position by appointment or employment in the State of New York, or of the several cities, counties, towns or villages thereof, and receiving a salary or per diem pay from the State, or from any. of the several cities, counties, towns or village's thereof, who is an honorably discharged soldier, sailor or marine, having served as-such in the Union army or navy during the War of the Rebellion, and who shall not have served in the Confederate army or…

2Cases cited2 opinions

  1. People Ex Rel. Fonda v. . MortonNew York Court of Appeals · 1896
  2. People Ex Rel. Shuster v. . HumphreyNew York Court of Appeals · 1898

3Cited by8 opinions

  1. Garvin v. ChambersCalifornia Supreme Court · 1924
  2. In re Scro, New York County Courts1951
  3. Pachucki v. WaltersAppellate Division of the Supreme Court of the State of New York · 1977
  4. People ex rel. Schauwecker v. GreeneAppellate Division of the Supreme Court of the State of New York · 1904
  5. Garry v. KocialskiAppellate Division of the Supreme Court of the State of New York · 1955

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