People Ex Rel. Flanagan v. Board of Police Commissioners
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, made the first Monday of March, 1881, which affirmed the decision and proceedings of defendant. dismissing and removing the relator from the police force of the city of New York, which proceedings were brought up for review by certiorari. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, made the first Monday of March, 1881, which affirmed the decision and proceedings of defendant. dismissing and removing the relator from the police force of the city of New York, which proceedings were brought up for review by certiorari. The material facts are stated in the opinion. The common-law certiorari brings up the question whether there was any evidence to warrant the conviction; in such cases the evidence must appear upon the face of the record, or the conviction will be quashed.…
1Opinion of the CourtMiller, J.
This writ of certiorari brings up for review the proceedings of the commissioners of the board of police of the city of New York in dismissing the relator from the police force. The writ was issued upon the ground that the removal was illegal and without jurisdiction. The charge made was that the relator, who was a patrolman, was guilty of a neglect óf duty in this, that he was absent from his post and in a liquor store, No. 41 Duane street, sitting on a chair at a table playing cards, at 10:21 p. m., January 20, 1881, during his term of patrol duty. The charge against the relator was made…
2Cases cited2 opinions
- People Ex Rel. Hart v. Board of Fire CommissionersNew York Court of Appeals · 1880
- People Ex Rel. Folk v. Board of Police & ExciseNew York Court of Appeals · 1877
3Cited by47 opinions
- Perkins v. Endicott Johnson CorporationCourt of Appeals for the Second Circuit · 1942
- Mayor v. Judge of First District CourtMassachusetts Supreme Judicial Court · 1924
- Tibbs v. City of AtlantaSupreme Court of Georgia · 1906
- People ex rel. Miller v. City of ChicagoIllinois Supreme Court · 1908
- People Ex Rel. Hayes v. . WaldoNew York Court of Appeals · 1914
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