People ex rel. Throckmorton v. McCartney
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Charles B. Throckmorton, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 11th day of February, 1898, denying the relator’s- motion for a writ of mandamus directing the defendants forthwith to restore the relator to active duty in the position of assistant superintendent in the street cleaning department in the city of New York.
1Opinion of the Court
Patterson, J .
Prior to the 2d of February, 1895, the relator occupied the position of assistant superintendent in the department of- street cleaning in the city of New York. On that day he was dismissed from service by the then commissioner. Three years afterwards he applied to the Supreme Court for a -mandamus to compel his reinstatement by the present commissioner ..in the position from which, he was removed, his application being based upon the principal ground that he, being a -veteran Union soldier of the war of the rebellion, was unlawfully discharged without having been accorded. a…
2Cases cited2 opinions
- People ex rel. Young v. CollisAppellate Division of the Supreme Court of the State of New York · 1896
- People ex rel. Lee v. WaringAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- O'Kelly v. HillAppellate Division of the Supreme Court of the State of New York · 1939