Legal Opinion

People ex rel. Pond v. Board of Trustees

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1896PublishedCited by 20 opinions

Certiorari issued out of the Supreme Court and attested on the 3d day of December", 1895, directed to the board of' trustees of the village of Saratoga Springs, commanding them to certify and' ’ return to the. office of the clerk of- the county of- Saratoga all and singular their proceedings in regard to the .removal of the relator from the. office of, street commissioner of the village of Saratoga Springs.

1Opinion of the Court

Herrick, J.:

This - is a- proceeding to review -by certiorari the action of the board of trustees of the village of Saratoga Springs ;iti- trying the relator ¡and' removing' him, after such- trial, from the. office of street - commissioner of said .village.

The office of street commissioner and the manner of appointment is provided for by- chapter 470 of the Laws of 1890.

Section 22 of chapter 220 of the Laws of 1886, as amended by section 7 of chapter 247 of the Laws of 1895, provides that “the board of trustees shall have, power to remove any officer of their appointment, except the president…

2Cases cited10 opinions

  1. Oakley v. . AspinwallNew York Court of Appeals · 1850
  2. The People Ex Rel. the Mayor v. . NicholsNew York Court of Appeals · 1880
  3. Matter of RyersNew York Court of Appeals · 1878
  4. Barhyte v. . ShepherdNew York Court of Appeals · 1866
  5. Sentenis v. . LadewNew York Court of Appeals · 1893

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3Cited by20 opinions

  1. State ex rel. Barnard v. Board of EducationWashington Supreme Court · 1898
  2. State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
  3. McCoy v. HandlinSouth Dakota Supreme Court · 1915
  4. Wilcox v. Supreme Council of Royal ArcanumNew York Court of Appeals · 1914
  5. Cedar Rapids Human Rights Commission v. Cedar Rapids Community School DistrictSupreme Court of Iowa · 1974

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