People ex rel. Miller v. Sturgis
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Kings County. Mandamus by the people of the state of New York, on the relation of James J. Miller, against Thomas J. Sturgis, fire commissioner of the city of New York. From a final order granting a peremptory writ, and from an order denying defendant’s motion for a new trial, he appeals.
1Opinion of the CourtWillard Bartlett, J.
This is an appeal from a final order granting a peremptory writ of mandamus directing the reinstatement of the relator as a member of the uniformed force of the fire department, formerly of Brooklyn, but now of the city of New York. Upon the original application for the writ it appeared that the applicant’s rights depended upon questions of fact as well as questions of law, and the court at Special Term directed that an alternative writ issue. The order granting the alternative' writ, however, prescribed that only two questions should be tried upon the return thereof: (i) Whether the relator…
2Cases cited4 opinions
- People ex rel. Young v. CollisAppellate Division of the Supreme Court of the State of New York · 1896
- People ex rel. Miller v. Justices of Court of General SessionsNew York Supreme Court · 1894
- People ex rel. McDonald v. LantryAppellate Division of the Supreme Court of the State of New York · 1900
- People ex rel. Shea v. BryantAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by4 opinions
- Teeple v. State ex rel. BowerIndiana Supreme Court · 1908
- United States ex rel. Arant v. LaneCourt of Appeals for the D.C. Circuit · 1918
- State v. Delaware Fire Co.Superior Court of Delaware · 1922
- Menge v. City of Philadelphia, Pennsylvania Court of Common Pleas, Philadelphia County1939