People ex rel. Rau v. York
Appellate Division of the Supreme Court of the State of New York
Appeal lty the defendants, Bernard J. York and others, as police commissioners of the city of Hew York, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 7th day of April, 1898, granting a peremptory writ of mandamus commanding the defendants, as police commissioners of the city of Hew Y orle, to recognize the relator as a member of the police force of said city and assign him to…
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Appeal lty the defendants, Bernard J. York and others, as police commissioners of the city of Hew York, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 7th day of April, 1898, granting a peremptory writ of mandamus commanding the defendants, as police commissioners of the city of Hew Y orle, to recognize the relator as a member of the police force of said city and assign him to duty as such, and prepare and certify a payroll for the salary due to him as such policeman for January, 1898, at the rate…
1Opinion of the Court
Willard Bartlett, J.:
The only point argued in behalf of the appellants is that the affidavit read in opposition to the relator’s application for a mandamus raised an issue of fact which required the court below to grant an alternative instead of a peremptory writ.
The moving affidavit alleged, among other things, that in the autumn of 1897 the relator was appointed by the trustees of the incorporated village of Rockaway Beach a policeman of said village; that his salary from and after December 1, 1897, was by a resolution of the 'trustees fixed at the rate of $500 a year; that he performed his…
2Cases cited1 opinion
- The People Ex Rel. Kelly v. . Common CouncilNew York Court of Appeals · 1879
3Cited by6 opinions
- People ex rel. Sherrill v. GuggenheimerNew York Supreme Court · 1899
- People ex rel. Watkins v. Board of CanvassersNew York Supreme Court · 1898
- Rexford Flats Bridge Co. v. Canal BoardAppellate Division of the Supreme Court of the State of New York · 1915
- Reed v. National Order of Daughters of IsabellaNew York Supreme Court · 1916
- Spencer v. McStockerHawaii Supreme Court · 1899
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