People ex rel. Baldwin v. McAdoo
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Sylvester D. Baldwin, from sq much of an order of the Supreme Court, made at the Queens County Special Term and entered in the office of the clerk of the county of Queens on the 3d day of June, 1905, as denies the relator’s application for a peremptory writ of mandamus.
1Opinion of the Court
Jenks, J.:
This is an appeal from so much of an order as denies an application for a peremptory writ of mandamus to the commissioner of police of the city of blew York to recognize the relator as an inspector of police and to assign him to duty.
I shall not discuss the merits of the case inasmuch as I am of * opinion that the relator has mistaken his remedy in that it is not mandamus, but quo warranto.
On June 23, 1903, the then commissioner of police thought that there were four vacancies in the inspectorships. The full number allowed and limited by the statute was fifteen. (Greater N. Y…
2Cases cited7 opinions
- People Ex Rel. Balcom v. . MosherNew York Court of Appeals · 1900
- People Ex Rel. McLaughlin v. Board of Police CommissionersNew York Court of Appeals · 1903
- People Ex Rel. Pumpyansky v. . KeatingNew York Court of Appeals · 1901
- Hamlin v. KassaferOregon Supreme Court · 1887
- Matter of QuinnNew York Court of Appeals · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- O'Reilly v. LewisNew York Supreme Court · 1918
- Atkinson v. FlemingNew York Supreme Court · 1927
- Hodgins v. BinghamAppellate Division of the Supreme Court of the State of New York · 1910
- Kayman v. HarmanNew York Supreme Court · 1939