People ex rel. Smith v. Roe
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Clinton H. Smith, 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 6th day of December, 1899, denying his application for a writ of mandamus, requiring the respondent to "restore him to duty. as major of the Seventy-first Regiment "of the National Guard of the State of New York forthwith, “ and to relieve him of the punishment of suspension from command to…
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Appeal by the relator, Clinton H. Smith, 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 6th day of December, 1899, denying his application for a writ of mandamus, requiring the respondent to "restore him to duty. as major of the Seventy-first Regiment "of the National Guard of the State of New York forthwith, “ and to relieve him of the punishment of suspension from command to which he is now subjected under the terms and conditions of Special Order No. 129.”
1Opinion of the Court
McLaughlin, J.:
At' the request of the relator, as major of the Seventy-first Regiment of the Rational Guard of the State of Rew York, a court of inquiry was appointed to investigate certain charges made against him as to his conduct as an officer of such regiment at Santiago during the recent war with Spain, and on December 10,1898, pending its decision, the respondent major-general, as commanding officer of the Rational Guard of the State of Rew York, issued a special order, which was subsequently approved by the Governor of the State as commander-in-chief of the Rational Guard, that…
2Cases cited6 opinions
- Swaim v. United StatesSupreme Court of the United States · 1897
- United States v. WilliamsonSupreme Court of the United States · 1875
- People Ex Rel. Leo v. . HillNew York Court of Appeals · 1891
- People v. ScrughamNew York Supreme Court · 1857
- People ex rel. Weeks v. EwenNew York Supreme Court · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- People ex rel. Gillett v. DeLamaterAppellate Division of the Supreme Court of the State of New York · 1936
- Kolomick v. New York Air National GuardAppellate Division of the Supreme Court of the State of New York · 1996
- People Ex Rel. Boatright v. NewlonSupreme Court of Colorado · 1925