McDonald v. Mayor
New York Circuit Court
Application by William E. McDonald for mandamus, to compel petitioner’s reinstatement in office. Trial of issues on alternative writ.
1Opinion of the CourtBarrett, J.
The clerk of the city court is authorized to appoint and at pleasure remove three deputy clerks and ten assistants. Code Civ. Proc. § 328. The question is, whether this power has been modified by chapter 119 of the Laws of 1888 with respect to soldiers, sailors, and marines who served as such in the Union army and navy during the war of the Rebellion, and were honorably discharged. In this act it is provided that no such soldier, sailor or marine, “holding a position by appointment in any city or county of this state, receiving a salary from the city or county * * * shall be removed from such…
2Cases cited4 opinions
- People Ex Rel. Westchester Fire Insurance v. DavenportNew York Court of Appeals · 1883
- Whitmore v. Mayor of New YorkNew York Court of Appeals · 1876
- People Ex Rel. Cooke v. . WoodNew York Court of Appeals · 1877
- Jones v. . SheldonNew York Court of Appeals · 1872
3Cited by1 opinion
- Torney v. StinerNew York Court of Common Pleas · 1895