Legal Opinion

McDermott v. Board of Police for Metropolitan Police District

New York Supreme Court

Decided December 15, 1857PublishedCited by 22 opinions

Application for an injunction. This was an injunction suit brought by Philip McDermott against the Board of Police for the Metropolitan Police District. The plaintiff alleged in his complaint that he was a tax-payer in the city of New York, and the owner of real estate therein, and, as such, was liable to be assessed and compelled to pay taxes for the support and maintenance of the police of said city.

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Application for an injunction. This was an injunction suit brought by Philip McDermott against the Board of Police for the Metropolitan Police District. The plaintiff alleged in his complaint that he was a tax-payer in the city of New York, and the owner of real estate therein, and, as such, was liable to be assessed and compelled to pay taxes for the support and maintenance of the police of said city. He filed his complaint as well on his own behalf as of all others similarly situated. He alleged that, by law and the action of the Board of Supervisors, the number of policemen for the city…

1Opinion of the CourtDavies, J.

—By chapter 302 of the Laws of 1846, the watch department of the city of New York and various other offices were abolished, and a police force for said city organized. By this act, as amended by chapter 436 of the Laws of 1849, the officers and policemen were to be appointed by the mayor, on the nomination of the alderman and assistant of each ward in the city, and to hold office for the term of four years, unless sooner removed. By section 4 of that act as thus amended, the mayor was to receive complaints for cause against any member of the police force, and he was to cause notice thereof to…

2Cases cited5 opinions

  1. Corporation of Brick Presbyterian Church v. Mayor of New YorkNew York Supreme Court · 1826
  2. Early v. DoeSupreme Court of the United States · 1854
  3. Clark & Clark v. PinneyNew York Supreme Court · 1827
  4. Gorham v. LuckettCourt of Appeals of Kentucky · 1845
  5. Vanderkar v. Rensselaer & Saratoga RailroadNew York Supreme Court · 1851

3Cited by22 opinions

  1. Village of Carthage v. . FrederickNew York Court of Appeals · 1890
  2. Bassett v. AtwaterSupreme Court of Connecticut · 1895
  3. Peabody v. . SatterleeNew York Court of Appeals · 1901
  4. Haldane v. United StatesCourt of Appeals for the Eighth Circuit · 1895
  5. Hannah & Lay Mercantile Co. v. MosserMichigan Supreme Court · 1895

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