Legal Opinion

People ex rel. Miller v. Peck

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 13 opinions

Appeal by the relator, James D. Miller, from an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Onondaga on the 13th day of January, 1902, vacating and quashing a writ of certiorari theretofore granted and issued upon the petition of the relator. The order appealed from was granted before any return to the wilt had been 2nade and filed.

1Opinion of the Court

Hiscock, J.:

The writ which was quashed was issued upon the application of relator for the purpose of reviewing the decision of the defendant, as commissioner of public safety of the city of Syracuse, whereby it was held in substance that the relator, a 2iiember of the police force of said city, had been guilty of neglect of duty for which he should be and was dismissed from the force.

The Í2nportant question involved upon the motion to quash the writ and upon this appeal was, and is, whether the provision of section 184, chapter 182, Laws of 1898, being “ An act for the govermne2it of cities…

2Cases cited3 opinions

  1. Conner v. . the Mayor, C. of New YorkNew York Court of Appeals · 1851
  2. People ex rel. McNeary v. MacLeanNew York Supreme Court · 1892
  3. People ex rel. L. C. B. Graveline v. HamAppellate Division of the Supreme Court of the State of New York · 1901

3Cited by13 opinions

  1. People ex rel. Joline v. WillcoxAppellate Division of the Supreme Court of the State of New York · 1908
  2. Matter of SkinkleNew York Court of Appeals · 1928
  3. People ex rel. Peixotto v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1914
  4. Manzi v. KaplanNew York Supreme Court · 1962
  5. People ex rel. Hunter Arms Co. v. FosterAppellate Division of the Supreme Court of the State of New York · 1936

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