Legal Opinion

People ex rel. Collins v. Ahearn

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

Decided June 18, 1909PublishedCited by 1 opinion

Appeal by the relator, James GL Collins, from an order of the. Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of. May, 1909, denying the relator’s motion to strike out as irrelevant and scandalous certain paragraphs of the answer of the • defendant Scannell.

1Opinion of the Court

McLaughlin, J.:

The relator formerly held the position of superintendent of the bureau of highways in the borough of Manhattan, city of New. York, from which he was, on the 1st of January, 1904, removed and the respondent Scannell appointed in his place, and this proceeding is for the purpose of his reinstatement. Scannell has. been permitted to intervene and has interposed an answer to the alternative writ' of mandamus, in which he alleges that the relator was •guilty of certain acts of misconduct committed prior to his removal. The relator moved to strike out these allegations of the answer…

2Cases cited1 opinion

  1. People Ex Rel. Collins v. . AhearnNew York Court of Appeals · 1908

3Cited by1 opinion

  1. People ex rel. Collins v. AhearnAppellate Division of the Supreme Court of the State of New York · 1909

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