People ex rel. Gallup v. Williams
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Clark Williams, as Comptroller, etc., from a final order and judgment of the Supreme Court in favor of the relator, entered in the office of the clerk of the county of Albany on the 20th day of January, 1910, upon the verdict of a jury rendered after a trial at the Albany Trial' Term.
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Appeal by the defendant, Clark Williams, as Comptroller, etc., from a final order and judgment of the Supreme Court in favor of the relator, entered in the office of the clerk of the county of Albany on the 20th day of January, 1910, upon the verdict of a jury rendered after a trial at the Albany Trial' Term. The relator applied for a peremptory writ of mandamus requiring the State Comptroller to reinstate him in the position of chief clerk of the transfer tax bureau in -his office, from which position he was removed April 10, 1909, as he alleged, on account of his political opinions and…
1Opinion of the Court
Kellogg, J.:
The determination of the jury rests solely upon the evidence of the relator that the Comptroller and his deputy informed him, in substance, that his place was wanted for political reasons, but he might serve thirty days longer, and that at the end of said thirty days he was removed, and the relator detailed some of the duties of his office. The defendant sought to show that the relator, a young man without experience in the business of the department, without any particular reason, was brought into the Comptroller’s office by the Democratic predecessor of the Republican…
2Cited by3 opinions
- People ex rel. Garvey v. PrendergastAppellate Division of the Supreme Court of the State of New York · 1911
- People Ex Rel. Somerville v. . WilliamsNew York Court of Appeals · 1916
- Matter of Merriweather v. RobertsNew York Court of Appeals · 1935