People Ex Rel. Niebuhr v. . McAdoo
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 22, 1905, dismissing a writ of certiorari and confirming the determination of the defendant in dismissing the relator from the police force of the city of ISTew 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 22, 1905, dismissing a writ of certiorari and confirming the determination of the defendant in dismissing the relator from the police force of the city of ISTew York. The facts, so far as material, are stated in the opinion. The deputy commissioner erroneously took the evidence of one Louis A. Smith, a witness against the relator, without swearing the witness on this charge. (People ex rel. Kasschau v. Police Board, 155 N. Y. 40; People ex rel. Somerville v. Roosevelt, 156 N. Y.…
1Opinion of the CourtWillard Bartlett, J.
The only point which we deem it necessary to discuss on this appeal arises out of the inadvertent omission of the deputy police commissioner to administer the oath to one of the witnesses who testified against the relator. According to the original return this witness, where his name first appears in the record, is mentioned as being “ re-called.” By the additional affidavits, however, which serve the purpose of a supplemental return, it is made sufficiently clear that three charges against the relator were intermingled in the hearing conducted by the deputy police commissioner; that the…
2Cases cited3 opinions
- Slauter v. WhitelockIndiana Supreme Court · 1859
- Hawks v. BakerSupreme Judicial Court of Maine · 1829
- Lawrence v. HoughtonNew York Supreme Court · 1809
3Cited by13 opinions
- Brown v. RistichNew York Court of Appeals · 1975
- Martin v. WolfsonSupreme Court of Minnesota · 1944
- People v. MukaAppellate Division of the Supreme Court of the State of New York · 1979
- O'Hearn v. O'HearnAppellate Division of the Supreme Court of the State of New York · 1976
- State v. PaolellaSupreme Court of Connecticut · 1989
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