People Ex Rel. Miller v. . Wurster
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made December 2, 1895, which reversed and annulled, upon certiorari, the action of the commissioner of the dire department of the city of Brooklyn in removing relator from membership in the department.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the second judicial department, made December 2, 1895, which reversed and annulled, upon certiorari, the action of the commissioner of the dire department of the city of Brooklyn in removing relator from membership in the department. The relator sets forth, in his petition for a writ of certiorari, his appointment in 1890 as a member of the fire department of the city of Brooklyn; that on the 8th day of January, 1895, the commissioner of the fire department irregulai'ly illegally and without cause removed him from such department;…
1Opinion of the CourtGray, J.
There does not appear to be any legal ground upon which the reversal by the General Term of the commissioner’s action, in dismissing the relator, can rest, when the return of the respondent to the writ is considered, and it is evident that the court, in determining as it did, was influenced by a consideration of the facts set forth in the relator’s petition. When we refer to the opinion delivered at the General Term, we find that such is the fact and that the General Term justices deemed, because the return of the respondent was silent as to the allegations of the relator’s petition, that…
2Cases cited3 opinions
- People Ex Rel. Peck v. Commissioners of the Department of Fire & BuildingsNew York Court of Appeals · 1887
- People Ex Rel. Press Publishing Co. v. MartinNew York Court of Appeals · 1894
- Beardslee v. . DolgeNew York Court of Appeals · 1894
3Cited by29 opinions
- People Ex Rel. Manhattan Railway Co. v. BarkerNew York Court of Appeals · 1897
- People Ex Rel. Village of Brockport v. SutphinNew York Court of Appeals · 1901
- People Ex Rel. Thomson v. . FeitnerNew York Court of Appeals · 1901
- People ex rel. Bernstein v. La FetraAppellate Division of the Supreme Court of the State of New York · 1916
- People ex rel. Citizens' Lighting Co. v. FeitnerAppellate Division of the Supreme Court of the State of New York · 1903
24 more not listed; retrieve them via the Exa API.