People ex rel. Ross v. Dooling
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Alexander M. Boss, from a final order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Biclunond on the 4th day of February, 1909, dismissing an alternative writ of mandamus as a matter of law, and also from an order made at the Kings County Trial Term and entered in the office of the clerk of the county of Biclunond on the 10th day of December, 1908, setting aside the verdict of a jury…
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Appeal by the relator, Alexander M. Boss, from a final order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Biclunond on the 4th day of February, 1909, dismissing an alternative writ of mandamus as a matter of law, and also from an order made at the Kings County Trial Term and entered in the office of the clerk of the county of Biclunond on the 10th day of December, 1908, setting aside the verdict of a jury on a special question submitted to them and dismissing an alternative writ of mandamus as a matter of law.
1Opinion of the Court
Jenks, J.:
The relator was removed from his chief clerkship in a borough bureau of the board of elections of the city of Hew York. He applied for a writ of mandamus. . An alternative writ was issued and tried before a jury. Each side moved for a direction of a verdict. The court submitted one question to the jury: “Did the relator, Alexander M. Boss, ivaive his rights to charges and a hearing under section 21 of the Civil Service Law at the time of his removal from the position of chief clerk of the Biclunond Borough office of the Board of Elections of the City of Hew York ? ” This was…
2Cases cited8 opinions
- Sentenis v. . LadewNew York Court of Appeals · 1893
- People Ex Rel. Robesch v. President of Borough of QueensNew York Court of Appeals · 1908
- People ex rel. McDonald v. ClausenAppellate Division of the Supreme Court of the State of New York · 1900
- People Ex Rel. Gleason v. . ScannellNew York Court of Appeals · 1902
- People ex rel. Bean v. ClausenAppellate Division of the Supreme Court of the State of New York · 1902
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3Cited by2 opinions
- Cooper v. ParisNew York Supreme Court · 1911
- Nickel v. MayorAppellate Division of the Supreme Court of the State of New York · 1938