People ex rel. Blatchford v. McAdoo
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William McAdoo, as police commissioner of the city of Hew York, and another, 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 the 2d day of June, 1904, granting the relator’s motion for a peremptory writ of mandamus,
1Opinion of the Court
Jenks, J.:
Whether the relator was a regular clerk within the purview of the protection of section 1543 of the Greater Hew York charter,* must be determined by the nature of his duties. (People ex rel. Warschauer v. Dalton, 34 App. Div. 302; affd. and opinion adopted in 159 N. Y. 235.) .1 think that the term “ regular clerk,” as used in this section, means one employed in the duty of keeping the records or accounts, or in doing the writing which relates to the ordinary, conduct or business details of the department. “ It was used, in its popular sense, as denoting one whose duties are…
2Cases cited4 opinions
- People Ex Rel. Lewis v. . BrushNew York Court of Appeals · 1895
- People Ex Rel. Emerick v. Board of Fire CommissionersNew York Court of Appeals · 1881
- People Ex Rel. Warschauer v. . DaltonNew York Court of Appeals · 1899
- People ex rel. Warschauer v. DaltonAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- United States v. City of New YorkCourt of Appeals for the Second Circuit · 1936
- People ex rel. Blatchford v. McAdooAppellate Division of the Supreme Court of the State of New York · 1905