Legal Opinion

People ex rel. Wells v. Hart

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

Decided January 15, 1898Published

Certiorari issued out of the Supreme Court and attested on the 27th day of September, 1897, directed to Cornelius A. Hart and Charles W. Alexander, police commissioners of Richmond county, commanding them to certify and return to the office of the clerk of the county of Richmond all and singular their proceedings concerning the dismissal of the relator from the police force of said county upon the ground that said relator had been guilty of dis_ respect towards his superior…

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Certiorari issued out of the Supreme Court and attested on the 27th day of September, 1897, directed to Cornelius A. Hart and Charles W. Alexander, police commissioners of Richmond county, commanding them to certify and return to the office of the clerk of the county of Richmond all and singular their proceedings concerning the dismissal of the relator from the police force of said county upon the ground that said relator had been guilty of dis_ respect towards his superior officer, and of conduct unbecoming an officer.

1Opinion of the Court

Willard Bartlett, J.:.

The relator was a patrolman on the Richmond county police force. He was tried by the police commissioners under section 13 of chapter 108 of the Laws of 1897, upon a charge of disrespect toward his superior officer and conduct unbecoming an officer. There were two specification's. The first alleged that while on duty at Hew Brighton on the night of August 24,1897, the relator, when asked by his superior officer, Roundsman Frank S. Hodge, if he, Patrolman Wells, was off duty, said: “Ho. Ho jay like you can pound me; if you do you will take a tumble.” The second…

2Cases cited1 opinion

  1. People ex rel. Powers v. WellesAppellate Division of the Supreme Court of the State of New York · 1897

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