Legal Opinion

People ex rel. Eakins v. Roosevelt

New York Court of Common Pleas

Decided December 2, 1895PublishedCited by 1 opinion

Appeal from special term. Application by Joseph B. Bakins against Theodore Roosevelt and others, as police commissioners of the city of New York, to convene and order that relator be relieved and dismissed from the police force, and placed on the roll of the police pension fund. The application was denied (34 N. Y. Supp. 228), and relator appeals. Affirmed.

1Opinion of the CourtDaly, C. J.

The relator, Police Captain Eakins, of the Fifteenth precinct, had been a member of the police force of the city of New York, and performed duty on such force for a period of 20 years and upward on the 18th day of May, 1895, upon which date he made application to the board of police commissioners to be relieved and dismissed from the force and service, and placed on the roll of the police pension fund; and he was entitled, of right, to have his application granted by the board, provided there were at that date no charges against him pending. Laws 1895, c. 569, amending Consolidation Act, §…

2Cases cited7 opinions

  1. People Ex Rel. Flanagan v. Board of Police CommissionersNew York Court of Appeals · 1883
  2. People Ex Rel. Bockes v. . WempleNew York Court of Appeals · 1889
  3. Polhemus v. Fitchburg RailroadNew York Court of Appeals · 1890
  4. People Ex Rel. Weston v. . McClaveNew York Court of Appeals · 1890
  5. Mary v. StateSupreme Court of Missouri · 1837

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3Cited by1 opinion

  1. People ex rel. Fitzpatrick v. GreeneAppellate Division of the Supreme Court of the State of New York · 1904

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