People ex rel. Holden v. Woodbury
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John McGaw "Woodbury, as commissioner of street cleaning of the city of New York, from an order of the .'Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 23d day of June, 1903, denying the defendant’s motion for . a new trial made upon the minutes, ahd also from a final order entered in said clerk’s office on the 4th day of August, 1903, granting the relator’s motion for a…
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Appeal by the defendant, John McGaw "Woodbury, as commissioner of street cleaning of the city of New York, from an order of the .'Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 23d day of June, 1903, denying the defendant’s motion for . a new trial made upon the minutes, ahd also from a final order entered in said clerk’s office on the 4th day of August, 1903, granting the relator’s motion for a peremptory writ of mandamus.
1Opinion of the Court
McLaughlin, J.:
The relator was a driver in the department of street cleaning in the city of New York, from which position he was removed by an order of the commissioner., After his removal the relator applied for and obtained an alternative writ of mandamus to determine whether or not he had had a reasonable opportunity to make an explanation of the charge made against him, and for which he was removed. The question was submitted to a jury, which found in his favor, and thereafter an order for a peremptory writ was made directing the commissioner to reinstate him, from which the present…
2Cases cited3 opinions
- People Ex Rel. Francis v. . Common CouncilNew York Court of Appeals · 1879
- People Ex Rel. Kennedy v. . BradyNew York Court of Appeals · 1901
- Van Wormer v. Mayor of AlbanyNew York Supreme Court · 1837
3Cited by2 opinions
- New York State Society of Professional Engineers, Inc. v. Department of StateNew York Supreme Court · 1940
- People ex rel. Baum v. ButlerAppellate Division of the Supreme Court of the State of New York · 1907