People Ex Rel. Smith v. . Hoffman
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 29, 1901, which affirmed an order of Special Term dismissing a writ of certiorari.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 29, 1901, which affirmed an order of Special Term dismissing a writ of certiorari. The Supreme Court issued its writ of certiorari to the respondents, commanding them to return their proceedings concerning the examination, findings, removal from office and discharge of the relator from military service as major of the Seventy-first Eegiment of the National Guard of this state. No return was made, but upon motion of one of the respondents the Special Term vacated and dismissed…
1Opinion of the CourtVann, J.
Por eighteen years the relator was a member of the National Guard, and for some time prior to June 6th, 1900, was major of the Seventy-first Eegiment thereof. On the 10th of May, 1898, as a member of that regiment, he entered the service of the United States for the Spanish war, and on the 15th of November following he was honorably discharged from such service, but still held his commission as major in the National Guard.
Subsequently there appeared in several daily papers, published in the city of New York, an elaborate statement signed by two captains of said regiment, which gravely…
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