People Ex Rel. Waldman v. Board of Police Commissioners
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term which quashed a writ of certiorari, on hearing upon a return to the writ. The writ was obtained to review the proceedings of the board of police commissioners of the city of Mew York, removing the relator from the position of clerk in the police department.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term which quashed a writ of certiorari, on hearing upon a return to the writ. The writ was obtained to review the proceedings of the board of police commissioners of the city of Mew York, removing the relator from the position of clerk in the police department. The relator was removed April 1, 1876; he applied for the writ March 1, 1878. The granting or refusal of a common-law writ of certiorari rests in the discretion of the court, and the exercise of such discretion…
1Opinion of the CourtDanforth, J.
The order made by the Special Term was that the writ be quashed, and it was intimated upon the argument that under the practice of this court in such cases the appeal must be dismissed, but at request of the appellant’s counsel the case was held, to enable him to hand up points and authorities to the contrary. We are still of the opinion that this trouble might have been spared. It had been frequently decided that the Supreme Court has a discretionary power to grant or withhold a common-law certiorari. (In re Mount Morris Square, 2 Hill, 28; People ex rel. Vanderbilt v. Stilwell, 19 N. Y.…
2Cases cited2 opinions
- People Ex Rel. Citizens' Gas-Light Co. v. Board of AssessorsNew York Court of Appeals · 1868
- The People v. . StilwellNew York Court of Appeals · 1859
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