Legal Opinion

People ex rel. Michales v. Ahearn

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

Decided March 9, 1906PublishedCited by 8 opinions

Appeal by the defendant, John P. Ahearn, as president of the borough of Manhattan, in the city of Mew York, from an interlocutory judgment of the Supreme Court in favor of the relator, entered ‘in the office of the clerk of the county of Mew York on the 19tli day of July, 1905, upon the decision of the court, rendered after a trial at the Mew York Special Term, overruling the defendant’s demurrer to an alternative writ of mandamus.

1Opinion of the Court

Ingraham, J.:

The relator presented a petition to the Supreme Court alleging that on or about the 1st day of January, 1902, lie was duly appointed . to the position of superintendent of sewers for the borough of Manhattan, city .of Mew York, by the then president of the said borough; that he thereupon accepted the said position and duly qualified and has duly performed the duties of that position up to the 4tli day of January, 1904; that on the 4th. day of January, 1904, the relator was ejected from the said position by persons claiming to act under the authority of the new president of the…

2Cases cited2 opinions

  1. People ex rel.Corkhill v. McAdooAppellate Division of the Supreme Court of the State of New York · 1904
  2. People Ex Rel. Emerick v. Board of Fire CommissionersNew York Court of Appeals · 1881

3Cited by8 opinions

  1. State ex rel. Guion v. MilesSupreme Court of Missouri · 1908
  2. People Ex Rel. Collins v. . AhearnNew York Court of Appeals · 1908
  3. People ex rel. Collins v. AhearnAppellate Division of the Supreme Court of the State of New York · 1907
  4. Reynolds v. WilliamsNew York Supreme Court · 1914
  5. People ex rel. Collins v. AhearnAppellate Division of the Supreme Court of the State of New York · 1908

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