People Ex Rel. Flood v. . Gardiner
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered Hovember 15, 1898, reversing an order of the Special Term denying a motion for a peremptory writ of mandamus requiring the district attorney of the county of Hew York to reinstate the relator as a subpoena server in his office, and granting the writ. The facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered Hovember 15, 1898, reversing an order of the Special Term denying a motion for a peremptory writ of mandamus requiring the district attorney of the county of Hew York to reinstate the relator as a subpoena server in his office, and granting the writ. The facts, so far as material, are stated in the opinion. The relator is not within the terms of the law, even in a proper case, to entitle him to a mandamus. Ho demand, in person or by duly-served communication, has ever been made by the…
1Opinion of the Court
Parker, Oh. J.
We approve of the decision made at Special Term, and the reasons assigned by Hr. Justice Kellogg in support of it, and should not feel called upon to add a word but for the statement of facts at the Appellate Division, which leaves out so much that is material that it does not seem to us to present the situation as it really is.
The legal question involved is, was the relator’s position in the district attorney’s office a strictly confidential one, as that term is used in the so-called Veteran Act? If it was, then the Special Term correctly disposed of the controversy; otherwise…
2Cases cited2 opinions
- Chittenden v. . WursterNew York Court of Appeals · 1897
- People Ex Rel. Crummey v. . PalmerNew York Court of Appeals · 1897
3Cited by8 opinions
- People v. FullerNew York Court of General Session of the Peace · 1935
- Klatt v. AkersSupreme Court of Iowa · 1942
- McGreevy v. Classification Review Board of the Unified Court SystemAppellate Division of the Supreme Court of the State of New York · 1989
- People v. CocoNew York Supreme Court · 1910
- People ex rel. Webb v. ClarkeAppellate Division of the Supreme Court of the State of New York · 1900
3 more not listed; retrieve them via the Exa API.