People ex rel. Gambling v. Board of Police for the Metropolitan Police District
New York Supreme Court
CERTIORARI, to review the decision of the hoard of police for the metropolitan police district, removing the relator from the office of policeman. The defendants having made their return to the certiorari, it was referred to a referee to take proof of the facts and circumstances and to report the same to the court, with his opinion thereon.
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CERTIORARI, to review the decision of the hoard of police for the metropolitan police district, removing the relator from the office of policeman. The defendants having made their return to the certiorari, it was referred to a referee to take proof of the facts and circumstances and to report the same to the court, with his opinion thereon. From the report of the referee it appeared that on the 19th of June, 1857, William Sutherland, jun., a policeman, and acting as special aid to the deputy superintendent of the police department, caused to he served upon the relator personally, a notice in…
1Opinion of the Court
By the Court, Davies, P. J.
The return to the writ of certiorari in these cases and others, brings up the question whether the relators have been legally dismissed as policemen of the city of New York. They were duly and legally appointed under the act of April 13, 1853. (Laws of 1853, ch. 228.) By section 2 of article 3 of that act, it was declared that the members of the police department, appointed after this act shall have gone into effect, shall hold their offices during good behavior, and shall only be removed for cause as hereinafter provided.” Section 4 of the same article prescribes…
2Cases cited4 opinions
- McDermott v. Board of Police for Metropolitan Police DistrictNew York Supreme Court · 1857
- Rathbun v. SawyerNew York Supreme Court · 1836
- People, ex rel. Comter v. ReedNew York Supreme Court · 1848
- Fonda v. Canal AppraisersNew York Supreme Court · 1828
3Cited by1 opinion
- People ex rel. Grace v. Board of Police Commissioners of the City of TroyNew York Supreme Court · 1872