People ex rel. Hanrahan v. Board of Metropolitan Police
New York Court of Appeals
Appeal from a judgment of the Supreme Court on mandamus. The alternative writ, sued out in May, 1859, commanded the defendants to restore the relator to the office of patrolman and member of the police force of the Metropolitan Police District, organized under an act of the Legislature, passed April 15, 1857, from which, as alleged, they had illegally removed him; and his right, as set out in the writ, was, in substance, that being one of the police of the city of New York,…
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Appeal from a judgment of the Supreme Court on mandamus. The alternative writ, sued out in May, 1859, commanded the defendants to restore the relator to the office of patrolman and member of the police force of the Metropolitan Police District, organized under an act of the Legislature, passed April 15, 1857, from which, as alleged, they had illegally removed him; and his right, as set out in the writ, was, in substance, that being one of the police of the city of New York, duly appointed and sworn, when the act of April, 1857, passed and became a law, and never having been legally discharged…
1Opinion of the CourtWright, J.
There is an objection, aside from the merits of the controversy, that I consider fatál to the judgment. Judgment non obstante veredicto has no place in the course of a mandamus procedure. When the return of the defendants was amended or modified, it was optional with the relator to demur or plead to all or any of the material facts contained in it; and for this purpose time was given to him. Instead of demurring, which would have brought up the question of the legal sufficiency of the return, he pleaded to it, thereby admitting that the return upon its face was a sufficient answer to the case…
2Cases cited2 opinions
- The People v. . Simeon DraperNew York Court of Appeals · 1857
- The People v. . Metropolitan Police BoardNew York Court of Appeals · 1859
3Cited by5 opinions
- Webber v. EmmersonSupreme Court of Colorado · 1877
- Citizens Bank v. ShawSupreme Court of Georgia · 1909
- Boyer v. FennAppellate Terms of the Supreme Court of New York · 1897
- Hartnett v. AdlerCity of New York Municipal Court · 1888
- O'Connor v. JonesNew York Supreme Court · 1892