People ex rel. O'Toole v. Hamilton
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, James J. O’Toole, 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 16th day of July, 1904, denying the relator’s motion for a peremptory or alternative writ of mandamus. The facts are thus correctly summarized in the opinion of the learned judge at Special Term (44 Misc.
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Appeal by the relator, James J. O’Toole, 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 16th day of July, 1904, denying the relator’s motion for a peremptory or alternative writ of mandamus. The facts are thus correctly summarized in the opinion of the learned judge at Special Term (44 Misc. Rep. 577, 578): “ On and prior to January 7, 1898, the relator was upon the eligible classified list of the State Civil Service Commission for the position of clerk in the office of the county clerk of New York…
1Opinion of the Court
O’Brien", J.:
We concur in the conclusion reached by the learned judge at Special Term, but we differ in our view as to the reasons and authorities which support that conclusion. In his opinion it is stated that “Under the authority of Martin v. City of New York (82 App. Div. 35; affd., 176 N. Y. 371), it is clear that the relator was a public officer in the civil service of the State. * * * Being such officer, he cannot in mandamus proceedings litigate his claim to the office from which he has been removed while another holds it undercolor of right and is in receipt of the salary attached…
2Cases cited6 opinions
- People Ex Rel. McLaughlin v. Board of Police CommissionersNew York Court of Appeals · 1903
- People v. . GiblinNew York Court of Appeals · 1889
- Martin v. . City of New YorkNew York Court of Appeals · 1903
- People ex rel. Coveney v. KearnyAppellate Division of the Supreme Court of the State of New York · 1899
- Martin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Devlin v. City of New YorkCity of New York Municipal Court · 1914
- Sweeney v. DonovanNew York Supreme Court · 1955
- Canteline v. McClellanNew York Supreme Court · 1939