Legal Opinion

People ex rel. Terry v. Keller

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 2 opinions

Appeal by the relator, John W. Terry, from an order of the Supreme Court, made at the Rew York Special Term and entered in the office of the clerk of the county of Rew York on the 16th day of Rovember, 1898, denying the relator’s motion for a writ of mandamus commanding the respondent to reinstate him in his position of superintendent of the almshouse.

1Opinion of the Court

Ingraham, J. :

The question presented upon this appeal was determined by this court in favor of the respondent in the case of People ex rel. Leet v. Keller (31 App. Div. 248), and in affirming this order it would be sufficient to refer to that case were it not for the claim of the counsel for the appellant that the judgment of the Court of Appeals on the appeal from that order justifies a strong inference that that case was not correctly decided. When that case was before the Court of Appeals, Judge Gray delivered the opinion in which the views expressed by this court were affirmed, Judge…

2Cases cited4 opinions

  1. Van Denburgh v. President & Trustees of Village of GreenbushNew York Court of Appeals · 1876
  2. People Ex Rel. Leet v. . KellerNew York Court of Appeals · 1898
  3. In Re the President, Managers & Company of the Delaware & Hudson Canal Co.New York Court of Appeals · 1877
  4. People ex rel. Leet v. KellerAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by2 opinions

  1. Mahon v. City of New YorkNew York Supreme Court · 1899
  2. People ex rel. Breckenridge v. ScannellNew York Supreme Court · 1898

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