People ex rel. Stone v. Dalton
New York Supreme Court
Demurrer to return to an alternative writ of mandamus, on the ground that the defenses alleged in the return are insufficient in law upon the face thereof.
1Opinion of the CourtChester, J.
For the purpose of determining the questions presented, the facts alleged in the return must be taken as true; The relator held the position of inspector of driven wells under the Department of Water Supply, in the borough of Brooklyn, by virtue of an appointment made under the civil service regulations. The position he occupied was in the competitive class. On April 26, 1898, he was removed from such position without having an opportunity to make an explanation. He now seeks to be reinstated under chapter 186 of the Laws of 1898, which provides that no-person holding a position subject to…
2Cases cited2 opinions
- Lethbridge v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1892
- Vincent v. CramNew York Supreme Court · 1899
3Cited by2 opinions
- People ex rel. Levenson v. WellsAppellate Division of the Supreme Court of the State of New York · 1903
- People ex rel. Levenson v. WellsAppellate Division of the Supreme Court of the State of New York · 1903