Legal Opinion

People ex rel. Hillman v. Scholers

New York Supreme Court

Decided January 15, 1904Published

Trial of the issues raised by an alternative writ of mandamus and the return thereto by the court without a jury.

1Opinion of the CourtClabke, J.

Trial of the issues raised by an alternative writ of mandamus and the return thereto by the court without a jury. On January 1, 1902, relator was appointed chief clerk in the coroner’s office of the borough of Manhattan. On Movember 14, 1902, he was removed therefrom. Mo charges were served upon him nor was he given an opportunity to make an explanation. He sues out the writ to compel his reinstatement. He is not a veteran, nor is he an exempt fireman. He was not the “ head of a bureau.” And while his position was in the classified municipal civil service, it was not “ subject to competitive…

2Cases cited3 opinions

  1. Matter of Shaughnessy v. . FornesNew York Court of Appeals · 1902
  2. Shaughnessy v. FornesAppellate Division of the Supreme Court of the State of New York · 1902
  3. People ex rel. Berlinger v. WellsAppellate Division of the Supreme Court of the State of New York · 1903

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