People ex rel. Walker v. Ahearn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John F. Ahearn, as president of the borough of Manhattan, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of.
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Appeal by the defendant, John F. Ahearn, as president of the borough of Manhattan, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of. New York on the 27th day of May, 1909, denying the defendant’s motion for a new trial made upon the minutes, and also from a final order of said court, made at the New York Special Term and entered in the said clerk’s office on the 26th day of July, 1909, diz-eeting that a peremptoz-y writ of mandamus issue to the defendant commanding him to restore and reinstate the z-elator in the…
1Opinion of the Court
Laughlin, J.:
This is an application for a mandamus to compel the reinstatement of' the relator to the position of superintendent or head of the bureau of public buildings and offices in the borough of Manhattan, city of New York, from which he was removed by appellant Ahearn, as president of the borough of Manhattan, on the 16th day of May, 1907. The application was originally denied at Special Term, but on appeal to this court the order was reversed and an alternative writ was granted. (129 App. Div. 912.) The theory upon which the proceeding was instituted was that ther position held by the…
2Cases cited5 opinions
- Higgins v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1892
- People Ex Rel. Aspinwall v. Supervisors of RichmondNew York Court of Appeals · 1863
- People Ex Rel. Goring v. President & Board of Trustees of Wappingers FallsNew York Court of Appeals · 1897
- State ex rel. Alexander v. RyanMissouri Court of Appeals · 1876
- Jones v. . City of BuffaloNew York Court of Appeals · 1904
3Cited by7 opinions
- Allen v. EberlingAppellate Division of the Supreme Court of the State of New York · 1965
- Golomb v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1983
- McGraw v. . GresserNew York Court of Appeals · 1919
- State ex rel. Bautz v. HarperWisconsin Supreme Court · 1917
- Warner v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1961
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