People ex rel. Tighe v. Bingham
New York Supreme Court
Motions for writs of mandamus to compel the police commissioner to reinstate members of the force who have been retired against their will and placed on the pension roll on the certificate of police surgeons to their physical disability.
1Opinion of the CourtBlackmae, J.
The case of People ex rel, Price v. Bingham, 125 App. Div. 722; alfd., 193 N. Y. 610, seems' to
me decisive authority on this application. That case is not overruled by Matter of Hodgins v. Bingham, 196 N. Y. 123. The Hodgins case holds that the authority given by section 354 of the charter to the police commissioner to retire a member of the force depends on the fact of the existence of the disability. As the power of the commis*220sioner to act depended on the existence of a fact, the court held that an alternative writ of mandamus should issue to inquire into the question of fact.
But in the…
2Cases cited2 opinions
- Matter of Hodgins v. . BinghamNew York Court of Appeals · 1909
- People ex rel. Price v. BinghamAppellate Division of the Supreme Court of the State of New York · 1908