Edkins v. Wotherspoon
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Charles Edkins, from, an order of the Supreme Court, made at the Chemung Special Term and entered in the office of the clerk of the county of Madison on the 19th day of August, 1915, denying appellant’s application for a writ of mandamus to restore him to the position of reservoir tender or to some other similar position which he was competent to fill upon the ground that he was an exempt fireman under section 22 of the Civil Service Law (Consol.
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Appeal by the petitioner, Charles Edkins, from, an order of the Supreme Court, made at the Chemung Special Term and entered in the office of the clerk of the county of Madison on the 19th day of August, 1915, denying appellant’s application for a writ of mandamus to restore him to the position of reservoir tender or to some other similar position which he was competent to fill upon the ground that he was an exempt fireman under section 22 of the Civil Service Law (Consol. Laws, chap. 7 [Laws of 1909, chap. 15], as amd. by Laws of 1910, chap. 264).
1Opinion of the Court
Howard, J.:
Prior to April 13, 1915, the relator and two other men were holding positions as tenders of certain reservoirs owned by the State in Madison county. On that date the Superintendent of Public Works abolished one of those positions, discharged one of the men in consequence thereof, and put the work of the three men upon the remaining two. The relator, who was a veteran fireman, was the person discharged. He claims that he was discharged for political reasons in violation of section 22 of the Civil Service Law (Consol. Laws, chap. 7 [Laws of 1909, chap. 15], as amd. by Laws of 1910,…
2Cases cited2 opinions
- Breckenridge v. ScannellNew York Court of Appeals · 1899
- People Ex Rel. Davison v. . WilliamsNew York Court of Appeals · 1914
3Cited by9 opinions
- Schmidt v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1935
- Lapolla v. Board of EducationNew York Supreme Court · 1939
- Meenagh v. DeweyNew York Supreme Court · 1938
- McNamara v. HollingAppellate Division of the Supreme Court of the State of New York · 1939
- Wipfler v. KlebesNew York Supreme Court · 1937
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