Hathaway v. Kline
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Ardolph L. Kline and others, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 9th day of October, 1913, granting relator’s motion for a peremptory writ of mandamus.
1Opinion of the Court
Hotchkiss, J.:
The relator was a sealer of weights and measures attached to the mayor’s bureau in Hew York city. On or about April 14, 1913, he was served with notice that charges of conduct unbecoming an inspector and of insubordination had been preferred against him, and he was cited to appear before the commissioner of his department. Having so appeared he was removed from office, but was restored by mandamus.
Within a few days thereafter new proceedings were begun for his removal upon the same charges which had been the subject of the former proceeding. On the second proceeding the,relator…
2Cases cited4 opinions
- Russell v. PlaceSupreme Court of the United States · 1877
- Carter v. . BeckwithNew York Court of Appeals · 1891
- Matter of Greenebaum v. . BinghamNew York Court of Appeals · 1911
- People ex rel. Hodkinson v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by1 opinion
- People ex rel. Crowell v. ConnollyAppellate Division of the Supreme Court of the State of New York · 1914