Legal Opinion

People ex rel. Langdon v. Dalton

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

Decided July 1, 1900PublishedCited by 3 opinions

Appeal by the defendants, William Dalton, as commissioner of water supply of the city of New York, and another, from an order of the Supreme Court, made at the Queens County Special Term and entered in the office of the clerk of the county-of Queens on the 5th day of February, 1900, directing that a peremptory writ of mandamus issue requiring the defendants, or either of them, to reinstate the relators in employment as stream cleaners on the water works system of the city of…

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Appeal by the defendants, William Dalton, as commissioner of water supply of the city of New York, and another, from an order of the Supreme Court, made at the Queens County Special Term and entered in the office of the clerk of the county-of Queens on the 5th day of February, 1900, directing that a peremptory writ of mandamus issue requiring the defendants, or either of them, to reinstate the relators in employment as stream cleaners on the water works system of the city of New York in the former territory of Queens county, now including Queens and Nassau counties, and to-employ each of them…

1Opinion of the Court

Hatch, J.:

When this proceeding was before us on a former appeal we affirmed an order which denied the application for a mandamus without prejudice to relators’ right to institute a new proceeding. The reason for this ruling was found in the fact that it was conceded that the relators were employed in the water department of the former city of Brooklyn and classified in the civil service of such city in “ Schedule B.” Such classification subjected them to, competitive examination, and each passed such examination before, receiving his appointment. We were unable from the record then-before us…

2Cases cited5 opinions

  1. Chittenden v. . WursterNew York Court of Appeals · 1897
  2. People Ex Rel. Jacobus v. . Van WyckNew York Court of Appeals · 1899
  3. People ex rel. Boyd v. HertleAppellate Division of the Supreme Court of the State of New York · 1900
  4. People ex rel. Langdon v. DaltonAppellate Division of the Supreme Court of the State of New York · 1899
  5. People ex rel. Boyd v. HertleNew York Supreme Court · 1899

3Cited by3 opinions

  1. Grossman v. RankinNew York Court of Appeals · 1977
  2. Murray v. McNamaraNew York Court of Appeals · 1951
  3. Murray v. McNamaraNew York Court of Appeals · 1951

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