Legal Opinion

People Ex Rel. Nugent v. Board of Police Commissioners

New York Court of Appeals

Decided May 3, 1889PublishedCited by 12 opinions

Appeal from order of" the General Term of the Supreme Court in the first judicial department, made March 2, 1887, which directed and affirmed a money judgment entered upon trial at Circuit of issues presented by a return to an alternative writ of mMclamus, and which directed the issuing of a peremptory writ of mandamus commanding defendant to pay to the relator the amount of said judgment. The facts are sufficiently 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 March 2, 1887, which directed and affirmed a money judgment entered upon trial at Circuit of issues presented by a return to an alternative writ of mMclamus, and which directed the issuing of a peremptory writ of mandamus commanding defendant to pay to the relator the amount of said judgment. The facts are sufficiently stated in the opinion. The admitted absence of the relator from duty without leave terminated his membership of the police force on June 18, 1879. (Laws of 1873, chap. 755, p.…

1Opinion of the CourtParker, J.

The relator, a patrolman of the police force of the city of New York, was, on the 13th day of June, 1879, arrested by his superior officer, Captain Byrnes, of the police department, and taken to a Police Court and there committed to the tombs, where he remained until the 17th day of January, 1880, on which day, after a trial under an indictment charging him with the commission of a felony, he was acquitted.

On the same day he reported for duty. Subsequently, and on the twenty-fourth day of January, he was tried before the board of police commissioners and dismissed from the force. Nugent…

2Cases cited9 opinions

  1. Fitzsimmons v. . City of BrooklynNew York Court of Appeals · 1886
  2. Wolfe v. . HowesNew York Court of Appeals · 1859
  3. Cohen v. . N.Y. Mutual Life Insurance Co.New York Court of Appeals · 1872
  4. Griswold v. SedgwickNew York Supreme Court · 1828
  5. Wilckens v. WilletNew York Court of Appeals · 1864

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3Cited by12 opinions

  1. People v. Peerless InsuranceAppellate Division of the Supreme Court of the State of New York · 1964
  2. City of Macon v. BunchSupreme Court of Georgia · 1923
  3. People Ex Rel. Mitchell v. . MartinNew York Court of Appeals · 1894
  4. Bunch v. City of MaconCourt of Appeals of Georgia · 1922
  5. Meade v. LamarcheAppellate Division of the Supreme Court of the State of New York · 1912

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