Legal Opinion

People Ex Rel. Sims v. . Collier

New York Court of Appeals

Decided May 22, 1903PublishedCited by 28 opinions

Appeals from orders of the Appellate Division of the Supreme Court in the second judicial department, entered January 13, 1903, which affirmed orders of Special Term granting peremptory writs of mandamus requiring the defendants, constituting the state civil service commission, to place the positions held by each of the relators herein in the exempt class. The facts, so far as material, are stated in the opinion. Mandamus is not the proper remedy for the relief sought.

Read the full summary

Appeals from orders of the Appellate Division of the Supreme Court in the second judicial department, entered January 13, 1903, which affirmed orders of Special Term granting peremptory writs of mandamus requiring the defendants, constituting the state civil service commission, to place the positions held by each of the relators herein in the exempt class. The facts, so far as material, are stated in the opinion. Mandamus is not the proper remedy for the relief sought. (Chittenden v. Wurster, 152 N. Y. 345; People ex rel. v. Comrs., 149 N. Y. 26; People ex rel. v. Roberts, 163 N. Y. 70;…

1Opinion of the CourtWerxer, J.

The relators in these seven proceedings are appointees in the offices of the sheriff and register, respectively, of the county of Kings. The positions which they respectively hold and their respective duties therein are, briefly stated, as follows : Michael J. Sims is a keeper of the jail, being one of the persons having charge of the prisoners confined therein, and is also a deputy sheriff appointed under section 182 of the County Law. Alexander J. Neal is an assistant deputy sheriff who receives papers to he executed by the sheriff and acts for him in performing such duties; he is also a…

2Cases cited4 opinions

  1. People Ex Rel. Francis v. . Common CouncilNew York Court of Appeals · 1879
  2. Chittenden v. . WursterNew York Court of Appeals · 1897
  3. People Ex Rel. Harris v. Commissioners of the Land OfficeNew York Court of Appeals · 1896
  4. Baird v. Board of Supervisors of KingsNew York Court of Appeals · 1893

3Cited by28 opinions

  1. People Ex Rel. Schau v. . McWilliamsNew York Court of Appeals · 1906
  2. Grossman v. RankinNew York Court of Appeals · 1977
  3. People Ex Rel. Finnegan v. . McBrideNew York Court of Appeals · 1919
  4. Matter of Simons v. . McGuireNew York Court of Appeals · 1912
  5. Slavin v. . McGuireNew York Court of Appeals · 1912

23 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API