Legal Opinion
People ex rel. Kinsella v. Wurster
New York Supreme Court
Decided July 26, 1895PublishedCited by 1 opinion
Certiorari by William Kinsella against Frederick W. Wurster, commissioner of the fire department of the city of Brooklyn, to re- • view the decision of defendant in discharging relator. Quashed.
1Opinion of the CourtPratt, J.
I think the relator was a member of the force for extinguishing fires, although it is denied by the respondent. The case relied on by respondent (People v. Board of Fire Com’rs of City of New York, 73 N. Y. 437) has been qualified so that the case is not to be heard and decided alone upon the return, but upon the return and the papers upon which it was granted (People v. Commissions Dep’t Fire & Buildings, 106 N. Y. 64, 12 N. E. 641). In that case Judge Earl, in writing the opinion, said:
“The practice prior to the adoption of the present Code requires that a hearing upon the return to the…
2Cases cited2 opinions
- People Ex Rel. Sims v. Board of Fire CommissionersNew York Court of Appeals · 1878
- People Ex Rel. Peck v. Commissioners of the Department of Fire & BuildingsNew York Court of Appeals · 1887
3Cited by1 opinion
- People ex rel. Haggerty v. ClausenNew York Supreme Court · 1899