Legal Opinion

People ex rel. Shannon v. Magee

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

Decided November 15, 1900PublishedCited by 9 opinions

Certiorari issued out of the Supreme Court and attested on the 19th day of July, 1900, directed to John Magee, police commissioner of the village of Lansingburgh, N. Y., commanding him to certify and return to the clerk of the county of Rensselaer his proceedings in relation to the removal of the relator from the position of janitor and station-house keeper of the police station of the village of Lansingburgh. The relator is a veteran of the Civil war.

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Certiorari issued out of the Supreme Court and attested on the 19th day of July, 1900, directed to John Magee, police commissioner of the village of Lansingburgh, N. Y., commanding him to certify and return to the clerk of the county of Rensselaer his proceedings in relation to the removal of the relator from the position of janitor and station-house keeper of the police station of the village of Lansingburgh. The relator is a veteran of the Civil war. In 1894 he was appointed as janitor and station-house keeper of the police station in the village of Lansingburgh. He served as such until May…

1Opinion of the Court

Smith, J.:

At the threshold of. the argument the jurisdiction of the police commissioner is challenged by reason of his prejudice. The relator sought upon the trial to show that the police commissioner had made threats in effect that he would get rid of this relator even though compelled by mandam.us to reinstate him after his former dismissal. Upon objection this evidence was excluded by the police .commissioner, to which ruling exception was taken. This exception we think is without merit. By the statute the police commissioner was the only tribunal authorized to try charges against the…

2Cases cited3 opinions

  1. Matter of RyersNew York Court of Appeals · 1878
  2. People ex rel. Deal v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1900
  3. People ex rel. Miller v. ElmendorfAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by9 opinions

  1. State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
  2. McCoy v. HandlinSouth Dakota Supreme Court · 1915
  3. People Ex Rel. Hayes v. . WaldoNew York Court of Appeals · 1914
  4. Stahl v. Board of SupervisorsSupreme Court of Iowa · 1920
  5. People ex rel. Jones v. ShermanAppellate Division of the Supreme Court of the State of New York · 1901

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