People Ex Rel. Hogan v. . French
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, entered upon an order made July 9, 1889, which affirmed the decision of defendant, as the hoard of police commissioners of the bity of Hew York, in proceeding against the relator, a member of the police force,, by which decision he was discharged from the force. The nature of the charge against the relator and the material, facts 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, entered upon an order made July 9, 1889, which affirmed the decision of defendant, as the hoard of police commissioners of the bity of Hew York, in proceeding against the relator, a member of the police force,, by which decision he was discharged from the force. The nature of the charge against the relator and the material, facts are stated in the opinion. This court has power to review the judgment of the General Term in the case at bar. (Code Civ. Pro. § 2140 ; Russell v. Conn., 20 N. Y. 81; Tracy…
1Opinion of the CourtFiitoh, J.
I am unable to resist the conviction that, upon the record returned to us in this case, the charge against the relator was wholly and essentially unproved, and that lie was guilty of no offense whatever. The charge was “ conduct unbecoming an officer,” and the specification that at a named date and place he was so much under the influence o± liquor as to be unfit for duty. The facts established were that he had been upon the force for upwards of fifteen years, and that during all that period his record had been a very excellent one, the sergeant under whose command he had served saying, upon…
2Cases cited1 opinion
- People Ex Rel. Masterson v. . FrenchNew York Court of Appeals · 1888
3Cited by29 opinions
- People Ex Rel. Guiney v. ValentineNew York Court of Appeals · 1937
- People ex rel. Burby v. Common CouncilNew York Supreme Court · 1895
- People ex rel. Reardon v. PartridgeAppellate Division of the Supreme Court of the State of New York · 1903
- State Ex Rel. Ness v. Board of City CommissionersNorth Dakota Supreme Court · 1932
- People ex rel. Doherty v. Board of Police Com'rsNew York Supreme Court · 1895
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