People ex rel. Thain v. Constable
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, John Thain, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 17th day of Hovember, 1897, upon the decision of the court, rendered after a trial at the Hew York Special Term, sustaining a demurrer to an alternative writ of mandamus and dismissing said writ.
1Opinion of the Court
Ingraham, J.:
The question to be determined depends upon the application of chapter 821 of the Laws of 1896, re-enacted as section 21 of the Civil Service Law (Laws of 1899, chap. 370), respecting the removal of honorably discharged Union soldiers and sailors from the posi*177tion of inspector in the department of buildings in the city of New York. That question was presented to this court in the case of People ex rel. O' Connor v. Brady (49 App. Div. 238). We there held that the Veteran Act of 1896 applied, and that the respondent was by that act prohibited from removing an inspector in his…
2Cases cited1 opinion
- People ex rel. O'Connor v. BradyAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by2 opinions
- People Ex Rel. McKeon v. . LudwigNew York Court of Appeals · 1915
- People ex rel. Reilly v. HoffmanAppellate Division of the Supreme Court of the State of New York · 1904