Legal Opinion

People ex rel. Doherty v. Board of Police Com'rs

New York Supreme Court

Decided January 18, 1895PublishedCited by 11 opinions

Writs of certiorari by Michael Doherty, Bernard Meehan, and John Hock, respectively, to the board of police commissioners of the city of Hew York, to review the proceedings of said board in dismissing relators from the police force.

1Opinion of the CourtParker, J.

The relator Doherty insists that the evidence presented to the police commissioners was insufficient to sustain the findings of bribery made by them; and it becomes the duty of the court to inquire whether there was evidence tending to support the finding, and, if there was, whether there was such a preponderance of proof against the existence of such fact as would make it the duty of the court to set aside the decision as against the weight of evidence. In support of their determination, however, the court will indulge in the same presumptions that it would in support of a verdict of a jury.…

2Cases cited18 opinions

  1. The People v. . JaehneNew York Court of Appeals · 1886
  2. People v. . O'SullivanNew York Court of Appeals · 1887
  3. People v. . EverhardtNew York Court of Appeals · 1887
  4. People Ex Rel. Masterson v. . FrenchNew York Court of Appeals · 1888
  5. McCarthy v. . McCarthyNew York Court of Appeals · 1894

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3Cited by11 opinions

  1. State ex rel. Barnard v. Board of EducationWashington Supreme Court · 1898
  2. State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
  3. McCoy v. HandlinSouth Dakota Supreme Court · 1915
  4. People Ex Rel. Hayes v. . WaldoNew York Court of Appeals · 1914
  5. People ex rel. Deal v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1900

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