People ex rel. Higgins v. Grant
New York Supreme Court
Appeal from special term, Hew York county. Certiorari by Joseph C. Higgins to review his removal by the mayor, corporation counsel, and commissioner of public works, composing the board of city record, from the position of clerk to said board.
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Appeal from special term, Hew York county. Certiorari by Joseph C. Higgins to review his removal by the mayor, corporation counsel, and commissioner of public works, composing the board of city record, from the position of clerk to said board. Respondents appeal from an order directing that all resolutions, or proceedings adopted, or had, subsequent to the removal of relator, be omitted from the return to the writ, and for a further return stating the requests made by him to be confronted with the proofs and witnesses against him, and to be allowed to call witnesses in his own behalf.
1Opinion of the CourtDaniels, J.
The course of proceeding to be taken and followed in applications for, and proceedings upon, writs of certiorari, are now regulated and governed by the statute. And while the officers or boards to which the writ shall be directed are required to return no more than a full account of the proceedings to be reviewed by means of the writ, no authority has been given for striking out any part of the return because it may be irrelevant. The officers and boards to which the writ is frequently directed are not so accustomed to preside over legal proceedings, as to insure a strict observance of the…
2Cited by5 opinions
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