Legal Opinion

People Ex Rel. Gleason v. . Scannell

New York Court of Appeals

Decided November 11, 1902PublishedCited by 11 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, made March 7, 1902, which affirmed an order of the Special Term granting a motion for a peremptory writ of mandamus requiring the defendant to reinstate the relator as a member of the fire department of the city of JSTew York. The facts, so far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, made March 7, 1902, which affirmed an order of the Special Term granting a motion for a peremptory writ of mandamus requiring the defendant to reinstate the relator as a member of the fire department of the city of JSTew York. The facts, so far as material, are stated in the opinion. The obvious purpose of the action taken by the board of fire commissioners of Long Island City was to foist upon the Greater Hew York a number of additional firemen and extended additions to the plant of the…

1Opinion of the CourtO’Brien, J.

This proceeding originated in the relator’s petition for a peremptory mandamus requiring the defendant to restore him to his position as a member of the fire department of the city of New York. On the application for the writ some of the material facts stated in the relator’s petition were denied by the defendant and an alternative writ was issued to which the defendant made return. The issues thus presented by the petition, alternative writ and return were tried before the court and a jury on th,e 10th day of January, 1900, and the jury by direction of the court found a verdict for the…

2Cases cited8 opinions

  1. United States v. DicksonSupreme Court of the United States · 1841
  2. Ryan v. CarterSupreme Court of the United States · 1876
  3. Rowell v. . JanvrinNew York Court of Appeals · 1896
  4. Milbank v. . JonesNew York Court of Appeals · 1891
  5. Adams v. . Roscoe Lumber Co.New York Court of Appeals · 1899

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3Cited by11 opinions

  1. Share v. CoatsSouth Dakota Supreme Court · 1912
  2. New York Central Railroad v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1916
  3. Murtagh v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
  4. People ex rel. Ross v. DoolingAppellate Division of the Supreme Court of the State of New York · 1909
  5. People ex rel. Wieland v. KnoxAppellate Division of the Supreme Court of the State of New York · 1903

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