Legal Opinion

Reilly v. Smith

New York Supreme Court

Decided November 15, 1915PublishedCited by 7 opinions

Application for a writ of mandamus.

1Opinion of the CourtPendleton, J.

Application by a veteran of the Spanish-American war for a writ of mandamus to compel his reinstatement in the service of the city. Section 22 of the Civil Service Law, relating to veterans of the Spanish-American war, does not give them a preference ‘ ‘ in appointment and promotion ’ ’ which includes a preference “ in retention ” (Matter of Stutzbach, 62 App. Div. 219; affd. 168 N. Y. 116) as is given under section 21 to veterans of the Civil War, but provides only that no veteran of the Spanish-American War who holds a position, etc., shall be removed except for incompetency or misconduct…

2Cases cited6 opinions

  1. People Ex Rel. Corrigan v. . the Mayor, Etc.New York Court of Appeals · 1896
  2. Matter of DaviesNew York Court of Appeals · 1901
  3. Breckenridge v. ScannellNew York Court of Appeals · 1899
  4. People Ex Rel. Davison v. . WilliamsNew York Court of Appeals · 1914
  5. People ex rel. Traphagen v. KingAppellate Division of the Supreme Court of the State of New York · 1897

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3Cited by7 opinions

  1. Smith v. Flint City CommissionMichigan Supreme Court · 1932
  2. Swantush v. City of DetroitMichigan Supreme Court · 1932
  3. Pondelick v. County of PassaicSupreme Court of New Jersey · 1933
  4. Brand v. Common CouncilMichigan Supreme Court · 1935
  5. Spawn v. FlemingAppellate Division of the Supreme Court of the State of New York · 1924

2 more not listed; retrieve them via the Exa API.

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