People Ex Rel. Shuster v. . Humphrey
New York Court of Appeals
Appeal from, an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 31, 1898, affirming, on certiorari, the determination of the respondents dismissing the relator from the police force of the city of Poughkeepsie. It appears by the record that the determination of the commissioners was confirmed, without costs, and that three of the justices concurred, while two dissented.
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Appeal from, an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 31, 1898, affirming, on certiorari, the determination of the respondents dismissing the relator from the police force of the city of Poughkeepsie. It appears by the record that the determination of the commissioners was confirmed, without costs, and that three of the justices concurred, while two dissented. The facts, so far as material, are stated in the opinions. The commissioners had no power to remove the relator without a trial and for a cause shown, as he was a veteran…
1Opinion of the CourtVann, J.
On the 15th of April, 1895, the relator was appointed a patrolman of the city of Poughkeepsie, after passing the civil service examination as provided by law. He was a veteran of the Civil war and had never served in the Confederate army or navy. After serving two years in the Union army and receiving an honorable discharge, he enlisted in the navy and served until the close of the war, when he was honorably discharged from that branch of the service also. On the 5th of May, 1897, he was charged by the mayor of the city “with having made an illegal arrest, in that, without a warrant and…
2Cases cited1 opinion
- People Ex Rel. Kasschau v. Board of Police CommissionersNew York Court of Appeals · 1898
3Cited by6 opinions
- Kalman v. WalshIllinois Supreme Court · 1934
- Mannix v. Portland TelegramOregon Supreme Court · 1933
- People ex rel. Miller v. ElmendorfAppellate Division of the Supreme Court of the State of New York · 1899
- People v. NelsonAppellate Division of the Supreme Court of the State of New York · 1911
- Donnelly v. KatzAppellate Division of the Supreme Court of the State of New York · 1909
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