People ex rel. Hoyt v. Board of Trustees of Village of Ballston Spa
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, George M. Hoyt, from an order of the Supreme Court, made at the Montgomery Special Term and entered in the office of the clerk of the county of Saratoga on the 13th day of April, 1897, denying his motion for a peremptory writ of mandamus, to be directed to the defendant trustees, requiring them to assemble and appoint the relator to the office of street and water commissioner of the village of Ballston Spa, and to annul and declare void the appointment…
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Appeal by the relator, George M. Hoyt, from an order of the Supreme Court, made at the Montgomery Special Term and entered in the office of the clerk of the county of Saratoga on the 13th day of April, 1897, denying his motion for a peremptory writ of mandamus, to be directed to the defendant trustees, requiring them to assemble and appoint the relator to the office of street and water commissioner of the village of Ballston Spa, and to annul and declare void the appointment of Patrick H. ITeeney to said office; or, in case of the defendants producing. affidavits denying any material facts…
1Opinion of the Court
Putnam, J.:
The application of the relator for a peremptory writ of mandamus was properly denied. Although under the provisions of section 9, article 5 of the Constitution of the State, as an honorably discharged Union soldier, he was entitled to a preference, the defendants were not compelled to appoint him to the office be desired, unless competent to discharge its duties. Chapter 821, Laws of 1896, only gives’ honorably discharged Union soldiers a preference provided they possess the business capacity necessary to discharge the duties of the position involved.”
As on an application for-a…
2Cases cited3 opinions
- People Ex Rel. Corrigan v. . the Mayor, Etc.New York Court of Appeals · 1896
- People Ex Rel. Fonda v. . MortonNew York Court of Appeals · 1896
- People ex rel. Hoffman v. RuppNew York Supreme Court · 1895
3Cited by7 opinions
- Allaire v. KnoxAppellate Division of the Supreme Court of the State of New York · 1901
- People ex rel. Mesick v. ScannellAppellate Division of the Supreme Court of the State of New York · 1901
- Jones v. WillcoxAppellate Division of the Supreme Court of the State of New York · 1903
- People ex rel. Drake v. Common Council of City of SyracuseNew York Supreme Court · 1899
- People ex rel. Hamilton v. StrattonAppellate Division of the Supreme Court of the State of New York · 1903
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