People ex rel. Miller v. Elmendorf
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court and attested the 20th day of October, 1899, directed to William C. Elmendorf, mayor of the city of Ithaca, commanding him to certify and return to the clerk of the county óf Tompkins all and singular his proceedings in relation to the removal of Hiram H. Miller from the office of patrolman on the police force of the city of Ithaca.
1Opinion of the Court
Kellogg, J.:
It is usual and proper for a court, in reviewing proceedings such as these, to allow to the acting tribunal a very wide range for the exercise of judgment and discretion. And this practice appears to be built upon the theory that the Legislature created an impartial local tribunal in which charges of malfeasance or misfeasance or incompetency may be heard and investigated with entire safety to the parties interested, and the decision of such a tribunal is "rightfully entitled to the greatest consideration. If the local tribunal, however, has not the appearance of impartiality, if…
2Cited by7 opinions
- State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
- McCoy v. HandlinSouth Dakota Supreme Court · 1915
- People ex rel. Burke v. District Court of the Third Judicial DistrictSupreme Court of Colorado · 1915
- People ex rel. Shannon v. MageeAppellate Division of the Supreme Court of the State of New York · 1900
- Sandahl v. City of Des MoinesSupreme Court of Iowa · 1940
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