People v. Cooper
New York Supreme Court
Appeal from a judgment reversing proceedings had before the Mayor of New York, by which the relator was removed from his office as one of the Police Commissioners of the said city. On March Id, 1879, Edward Cooper, as Mayor of the city of New York, sent to Sidney P. Nichols, then one of the Police Commissioners thereof, a communication in writing, stating the existence of certain facts, which, in the judgment of the Mayor, warranted the removal of Mr. Nichols from office.
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Appeal from a judgment reversing proceedings had before the Mayor of New York, by which the relator was removed from his office as one of the Police Commissioners of the said city. On March Id, 1879, Edward Cooper, as Mayor of the city of New York, sent to Sidney P. Nichols, then one of the Police Commissioners thereof, a communication in writing, stating the existence of certain facts, which, in the judgment of the Mayor, warranted the removal of Mr. Nichols from office. In the same communication the Mayor designated March 19 as the time, and the Mayor’s office as the place, at which Mr.…
1DissentDavis, P. J.
For the-reasons hereinafter stated, I am unable to concur in the result reached by my brethren in this case. I think it not correct to assume that this court, on the appeal from the order granting the writ in this case, passed upon the ^question whether the proceedings for the removal of the relator had reached a stage at which they could be reviewed in this form. It was argued on that appeal, that the proceedings of the Mayor and Governor under the provisions of the charter; in removing heads of departments, were final' and conclusive, and not the subject of review by any court. This court…
2Cases cited4 opinions
- Lynde v. NobleNew York Supreme Court · 1822
- People ex rel. Curtis v. Common CouncilNew York Supreme Court · 1873
- People ex rel. Devlin v. PeabodyNew York Supreme Court · 1857
- Devlin v. PlattNew York Court of Common Pleas · 1861