People ex rel. Miller v. Sturgis
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Thomas J. Sturgis, fire commissioner of the city of New York, from a final order of the Supreme Oourt, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 17th day of February, 1902, granting a peremptory writ of mandamus directing the reinstatement of the relator as an active member of the uniformed force of the fire department of the city of New York, and also from an order entered in said…
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Appeal by the defendant, Thomas J. Sturgis, fire commissioner of the city of New York, from a final order of the Supreme Oourt, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 17th day of February, 1902, granting a peremptory writ of mandamus directing the reinstatement of the relator as an active member of the uniformed force of the fire department of the city of New York, and also from an order entered in said clerk’s' office on the 19th day of February, 1902, denying defendant’s motion for' a new trial made upon the minutes.
1Opinion of the Court
Willard Bartlett, J.:
This is an appeal from a final order granting a peremptory writ of mandamus directing the reinstatement of the relator as a member of the uniformed force of the fire department (formerly of Brooklyn but now) of the city of New York. Upon the original application for the writ it appeared that the applicant’s rights depended upon questions of fact as well as questions of law, and the court at Special Term directed that an alternative writ issue: The order granting the alternative writ, however, prescribed that only two questions shjuld be tried upon the return thereof: (1)…
2Cases cited3 opinions
- People ex rel. Young v. CollisAppellate Division of the Supreme Court of the State of New York · 1896
- People ex rel. Miller v. Justices of Court of General SessionsNew York Supreme Court · 1894
- People ex rel. Shea v. BryantAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by6 opinions
- People ex rel. Connolly v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1906
- O'Grady v. PolkAppellate Division of the Supreme Court of the State of New York · 1909
- United States ex rel. Arant v. LaneCourt of Appeals for the D.C. Circuit · 1918
- People ex rel. Jennings v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1914
- State v. Delaware Fire Co.Superior Court of Delaware · 1922
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