People Ex Rel. Broderick v. . Morton
New York Court of Appeals
Appeal from a final order of the Appellate Division of the Supreme Court in the third judicial department, entered January 24, 1898, reversing an order of-the Special Term refusing a writ of mandamus, and granting a peremptory writ against Frank S. Black, Timothy E. Woodruff, James M. E. O’Grady and Frederick P. Easton, commanding them as trustees and superintendent of public buildings to reinstate the relator, Michael Broderick, in his employment as laborer in the Capitol…
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Appeal from a final order of the Appellate Division of the Supreme Court in the third judicial department, entered January 24, 1898, reversing an order of-the Special Term refusing a writ of mandamus, and granting a peremptory writ against Frank S. Black, Timothy E. Woodruff, James M. E. O’Grady and Frederick P. Easton, commanding them as trustees and superintendent of public buildings to reinstate the relator, Michael Broderick, in his employment as laborer in the Capitol building, without prejudice to an action or proceeding to recover damages for his removal. The facts, so far as material,…
1Dissent
I am of the opinion that a writ of mandamus cannot be issued against either the governor or lieutenant-governor, because the imprisonment of either, which might follow a failure to obey the writ, would disturb the constitutional balance of power between the three great departments of government. As to the governor this is obvious, but the same reason applies to the lieutenant-governor also, because at any moment by the death, resignation, inability or absence of the governor the powers and duties of the office devolve upon the lieutenant-governor. Whatever would interfere with his freedom of…
2Cases cited1 opinion
- People ex rel. Broderick v. MortonAppellate Division of the Supreme Court of the State of New York · 1898