People ex rel. O'Shea v. Lantry
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court and attested on the-16th day of August, 1898, directed to Francis J. Lantry, as Commissioner of Correction of the Department of Correction of the City of Hew York, requiring him to certify and return to the office of the clerk of the county of Hew York all and singular his proceedings had touching upon, or in any manner relating to, the removal and dismissal of the relator, Edward J. O’Shea, from his-position of deputy warden of the…
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Certiorari issued out of the Supreme Court and attested on the-16th day of August, 1898, directed to Francis J. Lantry, as Commissioner of Correction of the Department of Correction of the City of Hew York, requiring him to certify and return to the office of the clerk of the county of Hew York all and singular his proceedings had touching upon, or in any manner relating to, the removal and dismissal of the relator, Edward J. O’Shea, from his-position of deputy warden of the city prison of the city of Hew York.
1Opinion of the Court
Per Curiam :
The point raised by the respondent, that this proceeding is barred by the four months’ Statute of Limitations (Code Civ. Proc. § 2125), is not well taken. The relator moved for the writ upon notice to the respondent. The notice of motion was served within the four months. When the application was actually heard the four months-had elapsed, - but the respondent, who was then represented by the* corporation counsel, interposed no opposition to the granting of the writ. H or was the point raised or suggested in the return to the writ. It was too late to raise the question for the…
2Cases cited1 opinion
- People Ex Rel. Flanagan v. Board of Police CommissionersNew York Court of Appeals · 1883
3Cited by6 opinions
- People ex rel. Batt v. RushfordAppellate Division of the Supreme Court of the State of New York · 1903
- People ex rel. Ryan v. BinghamAppellate Division of the Supreme Court of the State of New York · 1906
- People ex rel. Ehrlich v. GrantAppellate Division of the Supreme Court of the State of New York · 1901
- Winter v. Board of AssessorsNew York Supreme Court · 1969
- In re WeeksAppellate Division of the Supreme Court of the State of New York · 1905
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