People Ex Rel. Tuck v. . French
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made March 31, 1881", which affirmed an order of Special Term dismissing a writ of alternative mandamus requiring defendants, as the board of police of the city of ¡New York, by resolution of the board, to relieve and dismiss the relator, a policeman, from the police force and place him on the roll of the police pension fund and and to award him a pension, or to show cause, etc.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made March 31, 1881", which affirmed an order of Special Term dismissing a writ of alternative mandamus requiring defendants, as the board of police of the city of ¡New York, by resolution of the board, to relieve and dismiss the relator, a policeman, from the police force and place him on the roll of the police pension fund and and to award him a pension, or to show cause, etc. (Reported below, 44 Hun, 24.) The material facts are stated in the opinion.
1Opinion of the CourtFinch, J.
The relator in this case violated the rules of the department, and so offended against its discipline as to deserve appropriate punishment. He knew that his offense was disclosed, that charges against him were imminent, and that a trial thereon was approaching, and for the conceded purpose of evading trial and punishment he filed an application to be retired with a pension, alleging his service of more than twenty years. On the same day, and an hour or two after his application, charges were served upon him, and a time fixed for their investigation. The relator’s offense was committed on the…
2Cited by14 opinions
- Ballurio v. CastelliniNew Jersey Superior Court Appellate Division · 1954
- Stiles v. Board of TrusteesIllinois Supreme Court · 1917
- People Ex Rel. Brady v. . MartinNew York Court of Appeals · 1895
- People Ex Rel. Fitzpatrick v. . GreeneNew York Court of Appeals · 1905
- People ex rel. Hardy v. GreeneAppellate Division of the Supreme Court of the State of New York · 1903
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