People ex rel. Goodwin v. Martin
New York Supreme Court
Certiorari by John W. Goodwin to review the action of James J. Martin and others, constituting the board of police commissioners of the city of New York, in accepting his resignation from the police force of that city. Judgment for relator.
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Certiorari by John W. Goodwin to review the action of James J. Martin and others, constituting the board of police commissioners of the city of New York, in accepting his resignation from the police force of that city. Judgment for relator. On the 29th of .Tune, 1882, the relator was appointed to the position of roundsman on the police force of the city of New York, and served in that •capacity until August 13, 1889, when he signed a resignation, of which the following is a copy: “No. 151. “Police Department of the City of New York, 4th Precinct. “New York, Aug. 13, 1889. “To the Board of…
1DissentFollett, J.
The determination of an officer or board while exercising judicial or quasi judicial functions cannot be reviewed on a writ of certiorari unless it is granted and served within four months after the determination is made. Code Civ. Proc. § 2125. This section is applicable to a review of the action of the board of police in removing an officer from the force, and the writ should be dismissed when it appears on its face that it was not granted within the time limited by the section. People v. Mac-Lean, 64 Hun, 205, 19 N. Y. Supp. 56. However the purpose of this writ may be attempted to be…
2Cases cited3 opinions
- People ex rel. McNeary v. MacLeanNew York Supreme Court · 1892
- People ex rel. Goodwin v. MacLeanNew York Supreme Court · 1891
- People ex rel. Goodwin v. MartinNew York Supreme Court · 1890