People Ex Rel. Moynihan v. . Greene
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 17, 1904, which dismissed a writ of certiorari and affirmed the proceedings of defendant in dismissing the relator from the position of captain in the p>olice department of the city of New York. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 17, 1904, which dismissed a writ of certiorari and affirmed the proceedings of defendant in dismissing the relator from the position of captain in the p>olice department of the city of New York. The facts, so far as material, are stated in the opinion. Where, upon all the undisputed facts of the case, the judgment is unjust and has been reached through errors in the admission of prejudicial testimony, to deny the power of this court to set it aside is to challenge its right to…
1Opinion of the CourtO’Brien, J.
The relator was removed from the police force of the city of Hew York upon charges which were in writing and appear in the record. The relator entered the army as a drummer boy in 1861, and served in the Union army during the war, and was honorably discharged as a major of his regiment. He was appointed to the police force in 1876 as a patrolman; was subsequently promoted to the grades of roundsman and sergeant, and finally, in 1896, was appointed a captain of police. During the twenty-six years that he served on the police force his record contains only two trivial charges against him, until…
2Cases cited1 opinion
- People Ex Rel. Shiels v. . GreeneNew York Court of Appeals · 1904
3Cited by3 opinions
- Sowa v. LooneyNew York Court of Appeals · 1968
- People ex rel. LongAppellate Division of the Supreme Court of the State of New York · 1911
- Homeland Insurance Co. of America v. Carolina InsuranceWisconsin Supreme Court · 1952