People ex rel. Byrne v. French
New York Supreme Court
Application for a mandamus to the police commissioners of .the city of New York to compel payment of salary of the relator William Byrne, a patrolman, which it was alleged had been deducted or retained during the six years preceding the application and prior thereto, on the pretense that they had a right to do so by reason of relator being on sick leave and, unable to do duty.
1Opinion of the CourtLawrence, J.
It was held in the case of People ex rel. Olmsted v. Supervisors of Westchester (12 Barb. 446), that, as there was at that time no statutory limitation of the time within which writs of mandamus could be obtained in this State, that where a party seeks the enforcement of a substantial right by means of a mandamus he should be allowed the time given by statute to obtain a remedy for injuries essentially of a similar character in the ordinary way, if that could be pursued. That case was decided in 1852, and the provisions of the present Code have materially altered the law since that time.…
2Cases cited1 opinion
- People ex rel. Olmsted v. Board of SupervisorsNew York Supreme Court · 1852
3Cited by5 opinions
- Jones v. Board of Police CommissionersCalifornia Supreme Court · 1903
- In re Edison Electric Illuminating Co.Appellate Division of the Supreme Court of the State of New York · 1897
- People ex rel. Ehrlich v. GrantAppellate Division of the Supreme Court of the State of New York · 1901
- People ex rel. Moller v. MarshAppellate Division of the Supreme Court of the State of New York · 1897
- People ex rel. Weiss v. Philip Bernstein Sick & Benefit SocietyAppellate Division of the Supreme Court of the State of New York · 1914