People ex rel. Boyd v. Hertle
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John C. Hertlé and another, eoimnis- * sioners of accounts of the city of New’York, 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 30th day of June, 1899, directing that a peremptory writ of mandamus issue requiring them to restore the relator to the position of' assistant examiner in the office of the . commissioners of accounts in the city of New York,…
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Appeal by the defendants, John C. Hertlé and another, eoimnis- * sioners of accounts of the city of New’York, 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 30th day of June, 1899, directing that a peremptory writ of mandamus issue requiring them to restore the relator to the position of' assistant examiner in the office of the . commissioners of accounts in the city of New York, and to audit his salary from the 19t.h.day of March, 1898. '
1Opinion of the Court
Van Brunt, P. J. :
We think that the order should be affirmed for the reasons stated by Mr. Justice Scott in his opinion in the court below.*
*507It is. however, necessary to call attention to the statement contained in his opinion that the findings of the jury upon questions submitted to them in a proceeding for mandamus are not conclusive upon the court at-Special Term. This view, in respect .to the verdict of a jury in such proceedings, is erroneous, as was shown in the case of The People ex rel. Coveney v. Kearny (44 App. Div. *508449),-;recently.de'ctde'd'by this court, iii.whieli- it…
2Cases cited4 opinions
- People ex rel. Coveney v. KearnyAppellate Division of the Supreme Court of the State of New York · 1899
- People Ex Rel. Warschauer v. . DaltonNew York Court of Appeals · 1899
- People ex rel. Hart v. La GrangeAppellate Division of the Supreme Court of the State of New York · 1896
- People ex rel. Warschauer v. DaltonAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by8 opinions
- Matter of Small v. MossNew York Court of Appeals · 1938
- People ex rel. Lazarus v. ColemanAppellate Division of the Supreme Court of the State of New York · 1904
- People ex rel. Langdon v. DaltonAppellate Division of the Supreme Court of the State of New York · 1900
- People ex rel. Walker v. AhearnNew York Supreme Court · 1909
- Carroll v. MurrayNew York Supreme Court · 1927
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