People ex rel. Simermyer v. Roosevelt
Appellate Division of the Supreme Court of the State of New York
Motion by the relator, Jacob Simermyer, for a reargtiment of the ^appeal pending in the Appellate Division of the Supreme Court for -the first judicial department. (Reported in 1 App. Div. 434.)
1Opinion of the Court
Per Curiam :
The counsel for the relator entirely misapprehends the rule as to the effect of the consideration of the record of the relator by the commissioners. In determining charges against a member of the police force the commissioners first have to determine whether or not the person charged is guilty of the offense with which he has been charged. That question can only be determined upon evidence before the commissioners; and if it appeared by the return that the commissioners had considered other facts, not introduced in evidence before them, it would be our duty to reverse the…
2Cases cited1 opinion
- People Ex Rel. McAleer v. . FrenchNew York Court of Appeals · 1890
3Cited by8 opinions
- Cullinan v. Trolley ClubAppellate Division of the Supreme Court of the State of New York · 1901
- People ex rel. McCollum v. ScannellAppellate Division of the Supreme Court of the State of New York · 1900
- People ex rel. Morgan v. RooseveltAppellate Division of the Supreme Court of the State of New York · 1896
- People ex rel. Regan v. YorkAppellate Division of the Supreme Court of the State of New York · 1903
- Cullinan v. Trolley ClubAppellate Division of the Supreme Court of the State of New York · 1901
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