People Ex Rel. Griffin v. . Lathrop
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the second judicial department, made May 8, 1893, which affirmed an order of Special Term denying an application for a peremptory writ of mandamus to compel the reinstatement of the relator as keeper of Sing Sing state prison. The facts, so far as material, are stated in the opinion. Mandamus is the proper remedy to restore to relator his rights -r- to reinstate him.
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Appeal from an order of the General Term of the Supreme Court in the second judicial department, made May 8, 1893, which affirmed an order of Special Term denying an application for a peremptory writ of mandamus to compel the reinstatement of the relator as keeper of Sing Sing state prison. The facts, so far as material, are stated in the opinion. Mandamus is the proper remedy to restore to relator his rights -r- to reinstate him. (People v. M. Society, 24 Barb. 570 ; People v. M. P. Board, 30 id. 527 ; Adriance v. Suprs., 12 How. 224 ; People v. Scrugam, 20 Barb. 302.) Mandamus is the only…
1Opinion of the CourtO’Bbien, J.
The relator, an honorably discharged soldier, had served for many years as a keeper in the state prison at Sing Sing, from which position "he was discharged by the agent and warden in September, 1891, without any charges being made against him or any fault on his part in regard to the performance of the duties of the place. Another honorably discharged soldier was appointed in his place. The relator applied to the court for a peremptory writ of mandamus to compel his reinstatement, which was denied, after a hearing, and the order has been sustained by the General Term.
The sole question…
2Cases cited1 opinion
- People Ex Rel. Cline v. . RobbNew York Court of Appeals · 1891
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- Matter of Byrnes v. WindelsNew York Court of Appeals · 1934
- Peo. Ex Rel. Hannan v. . Board of HealthNew York Court of Appeals · 1897
- Chamski v. Wayne County Board of AuditorsMichigan Supreme Court · 1939
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