Reilly v. Smith
New York Supreme Court
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
- People Ex Rel. Corrigan v. . the Mayor, Etc.New York Court of Appeals · 1896
- Matter of DaviesNew York Court of Appeals · 1901
- Breckenridge v. ScannellNew York Court of Appeals · 1899
- People Ex Rel. Davison v. . WilliamsNew York Court of Appeals · 1914
- People ex rel. Traphagen v. KingAppellate Division of the Supreme Court of the State of New York · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Smith v. Flint City CommissionMichigan Supreme Court · 1932
- Swantush v. City of DetroitMichigan Supreme Court · 1932
- Pondelick v. County of PassaicSupreme Court of New Jersey · 1933
- Brand v. Common CouncilMichigan Supreme Court · 1935
- 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.