People ex rel. Traphagen v. King
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the. Supreme Court and attested on the 3d day of September, 1895, directed to David H. King, Jr., and others, composing the board of the department of public parks of the city of New York, commanding them to certify and return to the office of the clerk of the county of New York, all and singular, their proceedings relating to the discharge of the relator from the position of foreman of carpenters in the department of public works of the city of New…
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Certiorari issued out of the. Supreme Court and attested on the 3d day of September, 1895, directed to David H. King, Jr., and others, composing the board of the department of public parks of the city of New York, commanding them to certify and return to the office of the clerk of the county of New York, all and singular, their proceedings relating to the discharge of the relator from the position of foreman of carpenters in the department of public works of the city of New York.
1Opinion of the Court
Ingraham, J.:
The point is taken by the counsel for the corporation that this proceeding is barred by the Statute of Limitations, under section 2125 of the Code, the determination of the respondents having become final and binding on the 30th day of April, 1895, and this writ of certiorari not having been allowed until the 3d day of September, 1895. This provision would seem to be a complete bar to the right of the relator to maintain this proceeding. (See People ex rel. Cook v. Hildreth, 126 N. Y. 360.)
But, assuming that the writ had been issued in time, we think it clear that the action of…
2Cases cited2 opinions
- People Ex Rel. Corrigan v. . the Mayor, Etc.New York Court of Appeals · 1896
- People Ex Rel. Cook v. . HildrethNew York Court of Appeals · 1891
3Cited by8 opinions
- Smith v. Flint City CommissionMichigan Supreme Court · 1932
- Jones v. WillcoxAppellate Division of the Supreme Court of the State of New York · 1903
- State Ex Rel. Hammond v. MaxfieldUtah Supreme Court · 1942
- Reilly v. SmithNew York Supreme Court · 1915
- Vincent v. CramNew York Supreme Court · 1899
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