People Ex Rel. McLaughlin v. Board of Police Commissioners
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 17, 1903, upon an order which affirmed an order of Special Term granting a motion for a peremptory writ of mnndamus to compel the defendant police commissioners to reinstate the relator as a captain in the police force of the city of Yonkers. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 17, 1903, upon an order which affirmed an order of Special Term granting a motion for a peremptory writ of mnndamus to compel the defendant police commissioners to reinstate the relator as a captain in the police force of the city of Yonkers. The facts, so far as material, are stated in the opinion. When the resolution of the police board was passed, retiring the relator, he knew his rights, and with full knowledge of the facts, returned his shield, keys and other police…
1Opinion of the Court
Parker, Ch. J.
On August 17, 1901, the board of police commissioners of the city of Yonkers — being in possession of the fact that James McLaughlin, then captain of police, had, when he became a member of the metropolitan police force, filed a sworn statement setting forth his name, date and place of birth and other matters, from which it appeared that he was, on August 17, 1901, 60 years of age — assumed that, because he had reached that age, it had the statutory authority to place him upon the retired list, and passed a resolution “ that Captain James McLaughlin be relieved and retired from…
2Cases cited14 opinions
- Embury v. . ConnerNew York Court of Appeals · 1850
- Matter of of N.Y., L. W.R.R. Co.New York Court of Appeals · 1885
- Matter of the Application of Cooper, Etc.New York Court of Appeals · 1883
- Nichols v. . MacLeanNew York Court of Appeals · 1886
- Colonial City Traction Co. v. Kingston City RailroadNew York Court of Appeals · 1897
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3Cited by65 opinions
- Matter of Berkovitz v. . Arbib HoulbergNew York Court of Appeals · 1921
- Hadden v. Consolidated Edison Co.New York Court of Appeals · 1978
- People Ex Rel. Battista v. ChristianNew York Court of Appeals · 1928
- Greene v. . KnoxNew York Court of Appeals · 1903
- People Ex Rel. Hoefle v. . CahillNew York Court of Appeals · 1907
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