People Ex Rel. Hoefle v. . Cahill
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 25, 1907, which, reversed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendant to reinstate the relator in the position of cleric to the coroner of the borough of Eichmond and dismissed the proceeding. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 25, 1907, which, reversed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendant to reinstate the relator in the position of cleric to the coroner of the borough of Eichmond and dismissed the proceeding. The facts, so far as material, are stated in the opinion. Mandamus was the sole and only remedy of the relator and all necessary parties were before the court. (Rowland v. Mayor, etc., 83 N. Y. 376; People ex rel. Corkhill v.…
1Opinion of the CourtTIiscock, J.
Section 1571 of the Greater 27ew York charter, amongst other things, provides as follows : “ The coroners in each borough shall have an office in said borough and shall appoint a clerk who shall receive an annual salary to be fixed by.the board of estimate and apportionment and the board of aldermen, and such and so many assistant clerks as shall be provided for in the annual budget. They shall also appoint a stenographer in each borough,” etc.
Under and in accordance with the terms of this provision the relator was appointed and entered upon the discharge of his duties as clerk to the coroner…
2Cases cited7 opinions
- People Ex Rel. McLaughlin v. Board of Police CommissionersNew York Court of Appeals · 1903
- Attorney General v. DrohanMassachusetts Supreme Judicial Court · 1897
- People Ex Rel. Jacobus v. . Van WyckNew York Court of Appeals · 1899
- O'Hara v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
- People ex rel.Corkhill v. McAdooAppellate Division of the Supreme Court of the State of New York · 1904
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3Cited by41 opinions
- In re DawsonAppellate Division of the Supreme Court of the State of New York · 1931
- Matter of Byrnes v. WindelsNew York Court of Appeals · 1934
- O'Day v. YeagerNew York Court of Appeals · 1955
- Matter of Rohr v. KenngottNew York Court of Appeals · 1942
- Sinicropi v. BennettAppellate Division of the Supreme Court of the State of New York · 1983
36 more not listed; retrieve them via the Exa API.