People ex rel. Balch v. Mayor of Yonkers
New York Supreme Court
Appeal from special term, Dutchess county. Certiorari by Galusha B. Balch to review the action of the mayor and com' mon council’of the city of Yonkers in refusing to appoint relator, a Union soldier, health officer of said city. The writ was dismissed, and relator appeals.
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Appeal from special term, Dutchess county. Certiorari by Galusha B. Balch to review the action of the mayor and com' mon council’of the city of Yonkers in refusing to appoint relator, a Union soldier, health officer of said city. The writ was dismissed, and relator appeals. Laws N. Y. 1887, c. 464, § 1 provides: “Section 1. Chapter three hundred and twelve of the Laws of eighteen hundred and eighty-four, entitled ‘An act respecting the employment of honorably discharged Union soldiers and sailors in the public service of the state of New York,’ is hereby amended so as to read as follows: ‘…
1Opinion of the CourtPratt, J.
This court held at general term that the act upon which the relator now relies did not apply to heads of departments or chief officers in cities and villages, but was intended to protect veterans in subordinate offices. People v. Goetting, 8 N. Y. Supp. 742. This is decisive of the present case, as the relator’s petition was to be appointed to an independent and separate department of the city government. It is true the question raised in that case related to the removal of a veteran, but the same principle is applicable. The office of health officer, under the village charter of Yonkers, is…
2Cases cited4 opinions
- People ex rel. Ballou v. WendellNew York Supreme Court · 1890
- People ex rel. Wren v. GoettingNew York Supreme Court · 1890
- People ex rel. Hall v. Village of Little FallsNew York Supreme Court · 1889
- People ex rel. Snyder v. SummersNew York Supreme Court · 1890
3Cited by1 opinion
- People ex rel. Hall v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 1898