People Ex Rel. Terry v. . Keller
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 9, 1898, affirming an order of Special Term denying a motion for a writ of mand'amus. The facts, so far as material, are stated in the opinions. The circumstances attendant upon the passage of an act and its relation to other acts should be considered, in order that the intent of the legislature may be obtained.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 9, 1898, affirming an order of Special Term denying a motion for a writ of mand'amus. The facts, so far as material, are stated in the opinions. The circumstances attendant upon the passage of an act and its relation to other acts should be considered, in order that the intent of the legislature may be obtained. (People ex rel. v. Lyman, 157 N. Y. 378; People ex rel. v. Roberts, 148 N. Y. 366; Chittenden v. Wurster, 152 N. Y. 345; People ex rel. v. Angle, 109 N. Y. 564;…
1Opinion of the Court
The relator applied for a writ of mandamus, commanding the respondent to reinstate him in his former position of superintendent of the almshouse, in the city of New York. The application was denied at the Special Term and the order there entered was affirmed at the Appellate Division of the Supreme Court, in the first department. Prior to January 1st, 1898, the relator had held such a position under the former city government and when the Greater New York charter went into effect on that date, pursuant to the provisions of section 1536, he was transferred to a similar position in the…
2Cases cited1 opinion
- People Ex Rel. Leet v. . KellerNew York Court of Appeals · 1898
3Cited by8 opinions
- United States ex rel. Palmer v. LappCourt of Appeals for the Sixth Circuit · 1917
- United States v. MalminCourt of Appeals for the Third Circuit · 1921
- People ex rel. Ward v. DrakeAppellate Division of the Supreme Court of the State of New York · 1899
- People ex rel. Langdon v. DaltonAppellate Division of the Supreme Court of the State of New York · 1899
- Waters v. City of New YorkNew York Supreme Court · 1904
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