Matter of Croker v. . Sturgis
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 15, 1903, which reversed an order of Special Term granting a motion for a peremptory writ of mandamus to require the defendant to reinstate the petitioner in the office of chief of department and to the command of the uniformed force of the fire department of the city of Hew York. Also a motion by the respondent to dismiss the appeal.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 15, 1903, which reversed an order of Special Term granting a motion for a peremptory writ of mandamus to require the defendant to reinstate the petitioner in the office of chief of department and to the command of the uniformed force of the fire department of the city of Hew York. Also a motion by the respondent to dismiss the appeal. The facts, so far as material, are stated in the opinion. The fire commissioner had no authority to suspend the relator; the power to remove an…
1Opinion of the CourtYarn, J.
When this controversy arose Thomas Sturgis was tire commissioner of the- city of Eew York, and authorized by statute to “ exercise fully and exclusively all powers, and perform all duties for the government, management, maintenance, and direction of the fire department of the city, and the premises and property thereof.” (Charter, § 7124.) He was the head of the department which has the “ sole and exclusive power and authority to extinguish fires in said city.” (Id.) He had full ¡lower to provide supplies, horses and apparatus; to manage the buildings, property and appliances, and to organize…
2Cases cited2 opinions
- Williams v. . MontgomeryNew York Court of Appeals · 1896
- People Ex Rel. Geer v. Common Council of TroyNew York Court of Appeals · 1880
3Cited by13 opinions
- Ruzicka v. RagerNew York Court of Appeals · 1953
- State ex rel. Wilson v. BushTennessee Supreme Court · 1918
- MATTER OF HENRY v. NotoNew York Court of Appeals · 1980
- Bookhout v. LevittNew York Court of Appeals · 1978
- Grossman v. City of New YorkNew York Supreme Court · 1972
8 more not listed; retrieve them via the Exa API.