Legal Opinion

People ex rel. Clifford v. Scannell

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

Decided July 15, 1902PublishedCited by 7 opinions

Certiorari issued out of the Supreme Court aud attested on the 12th day of November, 1900, directed to John J. Scannell, fire commissioner of the city of New York, commanding him to certify and return to the office of the clerk of the county of New York all and singular his proceedings 'in relation to the dismissal of the relator from the uniformed force of the fire department of the city of New York.

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Certiorari issued out of the Supreme Court aud attested on the 12th day of November, 1900, directed to John J. Scannell, fire commissioner of the city of New York, commanding him to certify and return to the office of the clerk of the county of New York all and singular his proceedings 'in relation to the dismissal of the relator from the uniformed force of the fire department of the city of New York. The relator was foreman of Hook and Ladder Company No. 18, borough of Manhattan and the Bronx, and was also the president of the Fireman’s Mutual Benefit Association. It is claimed by the…

1Opinion of the Court

Hatch, J.:

The first and second charges against the relator are in pari materia, rest substantially upon the same testimony for their support and may, therefore, be considered together. The first charge in its specifications is for the violation of section 186, rules'and, regulations of the department for 1898 and general order No. 1 issued by the chief of the fire department. Section 186 of the general rules provided that members, of the force shall conform to and promptly and cheerfully obey all laws, rules, etc., for the government of the department or individuals; “ obedience must be…

2Cases cited3 opinions

  1. Ex Parte CurtisSupreme Court of the United States · 1882
  2. People Ex Rel. Flanagan v. Board of Police CommissionersNew York Court of Appeals · 1883
  3. People Ex Rel. Donovan v. Board of Fire CommissionersNew York Court of Appeals · 1879

3Cited by7 opinions

  1. State Ex Rel. Baldwin v. StrainNebraska Supreme Court · 1950
  2. Belle v. Town Board of the Town of OnondagaAppellate Division of the Supreme Court of the State of New York · 1978
  3. Lecci v. LooneyAppellate Division of the Supreme Court of the State of New York · 1970
  4. Majewski v. FarleyAppellate Division of the Supreme Court of the State of New York · 1922
  5. Leahy v. City of KnoxvilleTennessee Supreme Court · 1951

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