People Ex Rel. Mitchell v. . Martin
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made June 14, 1894, which reversed a determination by defendants as commissioners of police of the city of New York dismissing the relator from the police force and directed his reinstatement. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made June 14, 1894, which reversed a determination by defendants as commissioners of police of the city of New York dismissing the relator from the police force and directed his reinstatement. The facts, so far as material, are stated in the opinion. By force of section 273 of the Consolidation Act, in consequence of absence without leave for five consecutive days, the relator vacated his office, ceased to be a member of the police force, and became liable to be dismissed therefrom without notice.…
1Opinion of the CourtBartlett, J.
The police commissioners dismissed the relator from the police force of the city of New York; the General Term of the Supreme Court reversed that decision upon the law and the facts and ordered the reinstatement of the relator. From that order the commissioners appeal to this court.
There were two charges made against the relator, viz.: First, absence without leave; second, failure to appear against a prisoner. Both charges rest upon the same state of facts. •The relator admitted his absence, but sought to justify it on the ground it was not his conscious act, but the result of temporary…
2Cases cited1 opinion
- People Ex Rel. Nugent v. Board of Police CommissionersNew York Court of Appeals · 1889
3Cited by11 opinions
- City of Macon v. BunchSupreme Court of Georgia · 1923
- Bunch v. City of MaconCourt of Appeals of Georgia · 1922
- Meade v. LamarcheAppellate Division of the Supreme Court of the State of New York · 1912
- People ex rel. Padian v. McAdooAppellate Division of the Supreme Court of the State of New York · 1906
- People ex rel. Reiblich v. WaldoAppellate Division of the Supreme Court of the State of New York · 1914
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