People Ex Rel. Sims v. Board of Fire Commissioners
New York Court of Appeals
These were appeals from judgments of the General Term of the Supreme Court, in the first judicial department .reversing and setting aside the proceedings of defendants, whereby the relators were “ dismissed from the service of this department,” and restoring them to their positions; which proceedings were brought up for review by writ of certiorari.
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These were appeals from judgments of the General Term of the Supreme Court, in the first judicial department .reversing and setting aside the proceedings of defendants, whereby the relators were “ dismissed from the service of this department,” and restoring them to their positions; which proceedings were brought up for review by writ of certiorari. In the case first entitled, the return to the writ stated : “ That on the 14th August, 1877, the said relator was a surveyor in the bureau of combustibles in the fire department of the city of New York, and was not regular clerk or head of…
1Opinion of the CourtAllen, J.
We cannot go behind the return to the writ of certiorari to determine the character of the positions or offices from which the relators were removed. That must be taken as conclusive, and acted upon as true. If it is false in fact or insufficient in form in the former case, the remedy is by action for a false return, and in the latter by compelling a further and more specific return. (Haines v. Judges of Westchester, 20 W. R., 625.)
The returns show that the relator Simms was “ surveyor in the bureau of combustibles,” and the relator Boyal “assistant to the fire marshal in the fire department”…
2Cases cited3 opinions
- Ex Parte Duncan N. HennenSupreme Court of the United States · 1839
- People Ex Rel. Munday v. Board of Fire CommissionersNew York Court of Appeals · 1878
- People ex rel. Moore v. Mayor of New YorkNew York Supreme Court · 1848
3Cited by81 opinions
- People Ex Rel. Corrigan v. . the Mayor, Etc.New York Court of Appeals · 1896
- State ex rel. Moore v. ArchibaldNorth Dakota Supreme Court · 1896
- Dittemore v. DickeyMassachusetts Supreme Judicial Court · 1924
- People, Ex Rel. Keech v. . ThompsonNew York Court of Appeals · 1884
- People Ex Rel. Kennedy v. . BradyNew York Court of Appeals · 1901
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