People ex rel. Percival v. Cram
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, J. Sergeant Cram and others, as commissioners of the department of docks and ferries of the city of New York, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of 'Kings on or about the 15th day of April, 1898, granting the relators’ motion for a peremptory writ of mandamus, directing the defendants to reinstate the relators as dockmasters in the department of docks arid…
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Appeal by the defendants, J. Sergeant Cram and others, as commissioners of the department of docks and ferries of the city of New York, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of 'Kings on or about the 15th day of April, 1898, granting the relators’ motion for a peremptory writ of mandamus, directing the defendants to reinstate the relators as dockmasters in the department of docks arid ferries of the city of New York.
1Opinion of the Court
Willard Bartlett, J.:
Before and at the time when the Greater New York charter (Chap. 378, Laws of 1897) went into effect the relators were dockmasters in the city of Brooklyn, having received their appointments' from the comptroller of that city under the provisions of chapter 356 of the Laws of 1886. The comptroller was the head of the department of' finance of the city of Brooklyn. (Laws of 1888, chap. 583, tit. 4, § 1.) The relators might naturally be regarded, therefore, as subordinates or employees in or under the department of finance.
The present proceeding is based upon the proposition…
2Cases cited2 opinions
- Taylor v. GilletteSupreme Court of Connecticut · 1884
- State ex rel. Marsh v. WhittetWisconsin Supreme Court · 1884
3Cited by6 opinions
- Quintard v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
- People ex rel. Tate v. DaltonAppellate Division of the Supreme Court of the State of New York · 1898
- Stoddart v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
- Alsberge v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
- People ex rel. Tate v. DaltonAppellate Division of the Supreme Court of the State of New York · 1898
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