People ex rel. Vineing v. Hayes
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Nicholas J. Hayes, as fire commissioner of the city of New York, from part of an’order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk .of the county of New York on the 24th day of July, 1908, granting the relator’s motion for a peremptory writ of mandamus, and also from an order dated the 16th day of June, 1908, and entered in said clerk’s office, denying the defendant’s motion for a new trial of the…
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Appeal by the defendant, Nicholas J. Hayes, as fire commissioner of the city of New York, from part of an’order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk .of the county of New York on the 24th day of July, 1908, granting the relator’s motion for a peremptory writ of mandamus, and also from an order dated the 16th day of June, 1908, and entered in said clerk’s office, denying the defendant’s motion for a new trial of the issues raised by an alternative writ and the return thereto.
1Opinion of the Court
McLaughlin, J.:
Henry E. Vineing, the original rélator in this proceeding, was, about the 1st of July, 1903, duly appointed electrical engineer in the fire department of the city of Hew York, and he thereafter entered upon the performance of his duties as such, having previously served as inspector of fire alarm boxes. In July, 1906, John H. O’Brien, commissioner of the fire department) abolished the position of electrical engineer and discharged Vineing, who immediately protested that the action of the commissioner' was in violation of section 1543 of the Greater Hew- York charter (Laws of…
2Cases cited6 opinions
- People Ex Rel. Corrigan v. . the Mayor, Etc.New York Court of Appeals · 1896
- Jones v. WillcoxAppellate Division of the Supreme Court of the State of New York · 1903
- People ex rel. O'Brien v. CrugerAppellate Division of the Supreme Court of the State of New York · 1896
- People ex rel. Shields v. ScannellAppellate Division of the Supreme Court of the State of New York · 1900
- People ex rel. Schulum v. HarburgerAppellate Division of the Supreme Court of the State of New York · 1909
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3Cited by14 opinions
- Matter of Wipfler v. KlebesNew York Court of Appeals · 1940
- Stockton v. Department of EmploymentCalifornia Supreme Court · 1944
- Matter of Griffin v. . ThompsonNew York Court of Appeals · 1911
- People ex rel. Kaufman v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1915
- Schmidt v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1935
9 more not listed; retrieve them via the Exa API.