Legal Opinion

People ex rel. Lahey v. Partridge

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

Decided July 15, 1902PublishedCited by 7 opinions

Appeal by the defendants, John N. Partridge, as commissioner of police Of the city of New York, and others, 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 22d day of April, 1902, granting a peremptory writ of mandamus requiring the police commissioner of the city of New York to certify upon the payroll of the department, the relator as a detective sergeant, and the civil service…

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Appeal by the defendants, John N. Partridge, as commissioner of police Of the city of New York, and others, 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 22d day of April, 1902, granting a peremptory writ of mandamus requiring the police commissioner of the city of New York to certify upon the payroll of the department, the relator as a detective sergeant, and the civil service commissioners to certify upon the said payroll, that the relator was appointed or employed in the police department…

1Opinion of the Court

Ingraham, J.:

Upon the 17th day of April, 1901, Michael C. Murphy, the police commissioner of the city of New York, made and promulgated the following order:

“ Ordered, that Patrolman William J. Lahey, of the Central Office Squad, be and is hereby appointed as a Detective Sergeant, and assigned to duty in the Detective Bureau as such.”

From the date of that order to and including February 1, 1902, the relator performed duty as a detective sergeant in the city of New York. His name appeared upon the payroll of the department from the date of his appointment to and including the month of December,…

2Cases cited3 opinions

  1. People Ex Rel. Bolton v. . AlbertsonNew York Court of Appeals · 1873
  2. Melody v. GoodrichNew York Court of Appeals · 1902
  3. People ex rel. White v. YorkAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by7 opinions

  1. Uvalde Asphalt Paving Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
  2. People ex rel. Lahey v. PartridgeAppellate Division of the Supreme Court of the State of New York · 1903
  3. In re LaheyAppellate Division of the Supreme Court of the State of New York · 1903
  4. In re FayAppellate Division of the Supreme Court of the State of New York · 1903
  5. In re PritchardNew York Supreme Court · 1906

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