Legal Opinion

In re Weaver

New York Supreme Court

Decided June 15, 1911PublishedCited by 2 opinions

Application for a writ of mandamus to compel the reinstatement of relator to the position of special agent in the Department of Excise.

1Opinion of the CourtHoward, J.

On August 17, 1898, Caius A. Weaver was appointed to the position of special agent in the department of excise. He was appointed from a civil service list. He was an honorably discharged soldier. On April 15, 1911, he was summarily discharged by the State Commissioner of Excise. 'Stated charges were not preferred against him, and he was not afforded an opportunity to he heard. The relator contends that his discharge was in violation of section 22 of the Civil Service Law, and he asks to be reinstated by mandamus. The respondent asserts that the relator was not protected by the Civil Service…

2Cases cited4 opinions

  1. People Ex Rel. Sweet v. . LymanNew York Court of Appeals · 1898
  2. People Ex Rel. Jacobus v. . Van WyckNew York Court of Appeals · 1899
  3. In re OstranderNew York Supreme Court · 1895
  4. People v. GlynnNew York Supreme Court · 1907

3Cited by2 opinions

  1. In re ChristeyNew York Supreme Court · 1914
  2. State Ex Rel. Landis v. BlakeSupreme Court of Florida · 1933

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