People ex rel. Balcom v. Mosher
Appellate Division of the Supreme Court of the State of New York
■ ' Appeal by the defendants, William H. Mosher and others, constituting the board of «street commissioners of the city of Binghamton, from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Broome on the 2Yth day of June, 1899, granting a writ of peremptory mandamus, directing the defendants, William II.
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■ ' Appeal by the defendants, William H. Mosher and others, constituting the board of «street commissioners of the city of Binghamton, from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Broome on the 2Yth day of June, 1899, granting a writ of peremptory mandamus, directing the defendants, William II. Mosher and others, as a board of street commissioners of the city of Binghamton, to appoint the relator, George .H. Balcom, to the office • of “ Superintendent of Streets and City Property ” in the said city. The charter of…
1Opinion of the Court
Herrick, J.:
The contention of the relator is that, being a veteran, and having the higher percentage of the two veterans upon the eligible list, he is, as a matter of right, entitled to the appointment, pursuant to the Constitution and the provisions of chapter 370 of the Laws of 1899.
Ho contention is made but that veterans are subject to the Civil Service Laws of the State, and that they are only entitled to preference after they have passed the required examinations and secured a place upon the eligible list, when they are entitled to a preference over civilians, no matter what their…
2Cases cited13 opinions
- Smythe v. FiskeSupreme Court of the United States · 1874
- Rathbone v. . WirthNew York Court of Appeals · 1896
- People Ex Rel. McClelland v. . RobertsNew York Court of Appeals · 1896
- People Ex Rel. Killeen v. . AngleNew York Court of Appeals · 1888
- People Ex Rel. Sweet v. . LymanNew York Court of Appeals · 1898
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3Cited by7 opinions
- State Ex Rel. Kos v. AdamsonSupreme Court of Minnesota · 1948
- Jackson v. CoxeSupreme Court of Louisiana · 1945
- Nathanson v. AdamsNew York Supreme Court · 1955
- People ex rel. Hamilton v. StrattonAppellate Division of the Supreme Court of the State of New York · 1903
- Rosander v. Board of County Commissioners of Butte CountySouth Dakota Supreme Court · 1983
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