Sullivan v. Gilroy
New York Supreme Court
Appeal from special term, Yew York county. Application for mandamus by John Sullivan against Thomas F. Gilroy, com missioner of public works, to compel the commissioner to reinstate plaintiff in the position of a laborer in the department of public works. From an order granting the writ defendant appeals.
1Opinion of the CourtBarrett, J.
We concur in the views expressed by Mr. Justice Andrews at special term. It will be unnecessary to repeat the principal statements of fact and law contained in his careful opinion. The only doubt which we entertained upon the argument was as to the remedy. Upon that head two views of the statute (Laws 1887, c. 464) may be taken. In one view the act is simply a general instruction to public officials, which can only be enforced by dischpine or punishment; in the other, a specific duty is imposed, and a specific right conferred, upon individuals. Upon full consideration the latter view seems…
2Cases cited2 opinions
- Matter of Petition of N.Y., L. W.R.R. Co.New York Court of Appeals · 1885
- People ex rel. Carleton v. Board of AssessorsNew York Supreme Court · 1876
3Cited by20 opinions
- Ransom v. City of BostonMassachusetts Supreme Judicial Court · 1906
- Ransom v. Mayor of BostonMassachusetts Supreme Judicial Court · 1907
- People ex rel. Ballou v. WendellNew York Supreme Court · 1890
- McCloskey v. WillisAppellate Division of the Supreme Court of the State of New York · 1897
- Henn v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1921
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