People ex rel. Cochrane v. Tracy
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Joseph F. Cochrane, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on tile 25th day of August, 1898, denying the relator’s application for a writ of mandamus commanding the defendants to recognize the relator as the assistant overseer of the poor of the city of Rochester, and to reinstate him in said position and to rescind its action in attempting to remove him from…
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Appeal by the relator, Joseph F. Cochrane, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on tile 25th day of August, 1898, denying the relator’s application for a writ of mandamus commanding the defendants to recognize the relator as the assistant overseer of the poor of the city of Rochester, and to reinstate him in said position and to rescind its action in attempting to remove him from such position. The relator asked for a peremptory writ of mandamus directing that the common council of the city of…
1Opinion of the Court
Ward, J.:
The appellant insists that he was never legally removed from his position as assistant overseer of the poor ; that the poor committee had no power to make the removal, and that a simple ratification of the acts of that committee by the common council did not effect such removal. It may be questioned whether the attempt of the common council to remove the relator as of a time prior, being the time when the committee had designated, was effective, but it was. effective as of- the time of the ratification. The effect of the resolution of the common council which has been set forth above…
2Cases cited3 opinions
- Chittenden v. . WursterNew York Court of Appeals · 1897
- Powell v. . TuttleNew York Court of Appeals · 1850
- People ex rel. Hoffman v. RuppNew York Supreme Court · 1895
3Cited by6 opinions
- Sinicropi v. BennettAppellate Division of the Supreme Court of the State of New York · 1983
- People ex rel. Gow v. BinghamNew York Supreme Court · 1907
- People ex rel. Coveney v. KearnyAppellate Division of the Supreme Court of the State of New York · 1899
- People ex rel. Mesick v. ScannellAppellate Division of the Supreme Court of the State of New York · 1901
- O'Day v. YeagerAppellate Division of the Supreme Court of the State of New York · 1954
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