Legal Opinion

Breckenridge v. Scannell

New York Court of Appeals

Decided October 3, 1899PublishedCited by 49 opinions

Appeal from an order of the Appellate .Division of the Supreme Court in the first judicial department, entered May 27, 1899, affirming an order of Special Term denying a. motion for a peremptory writ of mandamus. The facts, so far as material, are stated in the opinions Chapter 184 of the Laws of 1898 applies to the city of New York,, and veterans in the employ of that municipality when the amendment was enacted are entitled to its benefits.

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Appeal from an order of the Appellate .Division of the Supreme Court in the first judicial department, entered May 27, 1899, affirming an order of Special Term denying a. motion for a peremptory writ of mandamus. The facts, so far as material, are stated in the opinions Chapter 184 of the Laws of 1898 applies to the city of New York,, and veterans in the employ of that municipality when the amendment was enacted are entitled to its benefits. (People ex rel. v. Dalton, 158 N. Y. 175; People ex rel. v. Dalton,, 158 N. Y. 204.) The appellant did not hold a strictly confidential relation to the…

1Opinion of the CourtGray, J.

The relator applied .for a peremptory writ of mandamus, to be directed to John J. Scannell, as fire commissioner of the city of 27ew York, and commanding him to reinstate the relator as confidential examiner in the fire marshal’s bureau; or to assign him to serve as an assistant fire marshal; or to'assign him to-some position in the fire department, which he may be fitted to fill, upon the same compensation as he has heretofore received. . This application was based upon the following allegations of facts. He was an honorably discharged veteran of the late civil war and, in 1895, was…

2Cases cited1 opinion

  1. In Re Haebler v. . N.Y. Produce ExchangeNew York Court of Appeals · 1896

3Cited by49 opinions

  1. People Ex Rel. Davison v. . WilliamsNew York Court of Appeals · 1914
  2. Matter of Stutzbach v. . ColerNew York Court of Appeals · 1901
  3. State ex rel. Boyd v. MatsonSupreme Court of Minnesota · 1923
  4. Jones v. WillcoxAppellate Division of the Supreme Court of the State of New York · 1903
  5. Matter of Clancy v. HalleranNew York Court of Appeals · 1934

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