People ex rel. Schelpp v. Knox
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles H. Knox and others, constituting the municipal civil service commission of the city of New York, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 13th day of November, 1899, granting a peremptory writ of mandamus commanding the said defendants to “ certify upon the payroll of the relator that he has been promoted from the position of patrolman to…
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Appeal by the defendants, Charles H. Knox and others, constituting the municipal civil service commission of the city of New York, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 13th day of November, 1899, granting a peremptory writ of mandamus commanding the said defendants to “ certify upon the payroll of the relator that he has been promoted from the position of patrolman to that of roundsman on the police force of the city of New York, in pursuance of law.”
1Opinion of the Court
Willard Bartlett, J.:
■ This case presents the question whether the board of police of the city of New York may lawfully promote a member of the police force from the position of patrolman to that of roundsman, not as the result of a competitive examination, but in recognition of his gallantry in saving life at a fire while-in the discharge of his duty as a police officer.
We think that this question must be answered in the affirmative.
There is no dispute as to the facts of the case. Before consolidation the relator was a patrolman on the police force of the city of Brooklyn. By virtue of the…
2Cited by16 opinions
- Matter of Barthelmess v. . CukorNew York Court of Appeals · 1921
- Hale v. . WorstellNew York Court of Appeals · 1906
- Barlow v. BerryNew York Court of Appeals · 1927
- People Ex Rel. Leary v. . KnoxNew York Court of Appeals · 1901
- Barlow v. CraigAppellate Division of the Supreme Court of the State of New York · 1924
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