People ex rel. Shires v. Magee
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court and attested the 13th day of August, 1900, directed to John Magee, police commissioner of the village of Lansingburgh, Hew York, commanding him to certify and return to the clerk of the county of Rensselaer all and singular his proceedings in removing the relator from the office of patrolman upon the police force of the village of Lansingburgh.
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Certiorari issued out of the Supreme Court and attested the 13th day of August, 1900, directed to John Magee, police commissioner of the village of Lansingburgh, Hew York, commanding him to certify and return to the clerk of the county of Rensselaer all and singular his proceedings in removing the relator from the office of patrolman upon the police force of the village of Lansingburgh. Upon the 14th day of May, 1900, the relator was removed from the office of patrolman upon the Lansingburgh police force after a trial upon charges preferred. This Writ was issued to review such determination.
1Opinion of the Court
Smith, J.:
Under the laws of the State the relator could only be removed for cause shown and upon charges preferred. Whether or not this be a wise enactment, it is the sworn duty of the courts to see that it is enforced. For that purpose this writ of review is authorized. The statute, also prescribes the rules by which, this determination shall be tested, and if in the determination any rule of law has been violated to the prejudice of the relator, or if the determination was clearly against the weight of evidence, our duty is clear, to set aside that determination and order the relator’s…
2Cited by1 opinion
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