People ex rel. Brennan v. Bingham

The relator, a member of the police force, applies for a peremptory writ of mandamus to compel the respondent, as police commissioner of the city of ¡¡Slew York, to restore him to duty and certify his name properly on the pay-rolls, so that he may obtain his accrued salary. The main contention is whether the relator was legally suspended without pay on ¡November 8, 1907. It is undisputed that no written charges were made and served upon the relator on the day that he was suspended without pay. The opposing affidavits tendered on behalf of commissioner Bingham state that charges were served on…