People Ex Rel. Berlinger v. . Wells
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 13, 1903, which reversed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendants to reinstate the relator as chief clerk in the department of taxes and assessments in the city of New York. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 13, 1903, which reversed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendants to reinstate the relator as chief clerk in the department of taxes and assessments in the city of New York. The facts, so far as material, are stated in the opinion. The order of the Appellate Division having reversed an order deemed a judgment entered upon a determination in the trial court it must be assumed that the final order or judgment was reversed…
1Opinion of the CourtYaw, J.
In August, 1898, the relator was appointed-chief clerk of the board of taxes and assessments of the city of FTew York and assigned to the borough of Manhattan. He assumed the office and performed its duties until May 1st, 1902, when he was discharged by said board without a hearing or an opportunity for explanation. FTo charges were preferred against him and no reason for his removal was entered in the records of the board. By the return of the respondents to an alternative writ of mandamus, granted' to review their action in thus removing the relator, several issues of fact were raised…
2Cases cited4 opinions
- Spence v. . HamNew York Court of Appeals · 1900
- Collier v. . CollinsNew York Court of Appeals · 1902
- Henavie v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1897
- Hinckel v. . StevensNew York Court of Appeals · 1900
3Cited by2 opinions
- Friedman v. DelaneyNew York Supreme Court · 1933
- People ex rel. Jennings v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1914