McGuire v. Byrnes
New York Supreme Court
Appeal from special term, New York county. Patrick McGuire, a roundsman of the police force of the city of New York, • applied to the special term for a mandamus against Thomas Byrnes and others, constituting the examining board of the municipal civil service of the city of New York, to certify his name to the commissioners of police for appointment as sergeant of police, in preference to any other person not an honorably discharged soldier of the late war.
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Appeal from special term, New York county. Patrick McGuire, a roundsman of the police force of the city of New York, • applied to the special term for a mandamus against Thomas Byrnes and others, constituting the examining board of the municipal civil service of the city of New York, to certify his name to the commissioners of police for appointment as sergeant of police, in preference to any other person not an honorably discharged soldier of the late war. The writ being refused, he appeals. Argued before Van Brunt, P. J., and Brady and Daniels, JJ.
1Opinion of the CourtDaniels, J.
The relator was a roundsman in the police force of the city <oi New York, and had been so for 10 years prior to the application for the writ of peremptory mandamus. Nine promotions were about to be made by rthe board of police to the position of sergeant of police, and selections for these promotions were to be made from the police force of roundsmen in the department. The applicant for the writ had served as a soldier in the late war, and had been honorably discharged; and upon that fact it was claimed in his behalf that he was entitled to a preference over other persons, who were not…
2Cases cited3 opinions
- Wakefield v. . FargoNew York Court of Appeals · 1882
- McKenna v. . EdmundstoneNew York Court of Appeals · 1883
- People Ex Rel. Gilmour v. HydeNew York Court of Appeals · 1882
3Cited by3 opinions
- Brown v. DuaneNew York Supreme Court · 1891
- Ellithorpe v. Judges of Superior CourtNew York Supreme Court · 1890
- People ex rel. Fleming v. HartNew York Court of Common Pleas · 1891