Legal Opinion

In re Nichols

New York Supreme Court

Decided June 15, 1879PublishedCited by 7 opinions

1Opinion of the CourtWestbrook, J.

On the 5th day of April, 1879, Mr. Edward Cooper, the mayor of the city of New York, made an order purporting to remove Sidney P. Nichols, one of the police commissioners of said city, from office, which act was approved by the governor of the state, hon. Lucius Lobinsón, on the seventeenth day of the same month. Mr. Nichols asks that a writ of certiorari may issue from this court to the said mayor and governor to review their action in the premises.

The power of removal of the heads of departments in the city of New York is given by its charter (chapter 335 of Laws 1873, sec. 25), and is in…

2Cases cited5 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. People Ex Rel. Munday v. Board of Fire CommissionersNew York Court of Appeals · 1878
  3. People Ex Rel. Cook v. Board of Police of the Metropolitan Police DistrictNew York Court of Appeals · 1868
  4. People Ex Rel. Garling v. . Van AllenNew York Court of Appeals · 1873
  5. People Ex Rel. Clapp v. Board of Police of the Police DepartmentNew York Court of Appeals · 1878

3Cited by7 opinions

  1. Rutter v. BurkeSupreme Court of Vermont · 1915
  2. Kennett v. LevineWashington Supreme Court · 1957
  3. Thompson v. Civil Service Commission of Provo CityUtah Supreme Court · 1943
  4. People ex rel. Leo v. HillNew York Supreme Court · 1891
  5. Chandler v. AveryNew York Supreme Court · 1888

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