People ex rel. McTigue v. Manning

New York Supreme Court

People ex rel. McTigue v. Manning

42 N.Y. St. Rep. 81, 62 Hun 619

DecidedDecember 8, 1891

StatusPublished

This text of 42 N.Y. St. Rep. 81 (People ex rel. McTigue v. Manning) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. McTigue v. Manning, 42 N.Y. St. Rep. 81, 62 Hun 619 (N.Y. Super. Ct. 1891).

Pincite

Opinion

Learned, P. J.

Although the case of People ex rel Kopp v. Police Commissioners, 102 N. Y, 583; 2 St. Rep., 533, is not exactly similar to this, yet the principle there decided apples here. There was really no trial of any fact before the" board. The board did not convict the relator of any breach of duty. It only [83]*83acted upon the fact of his conviction of a crime. This fact, by the charter, prevented him from being after his conviction a member of the police force. It was only for the board to take notice of such conviction and to treat him thereafter as not a member of such force.

If the relator is injured, that is, if he was not convicted of a crime, then it seems plain that he might have a mandamus to compel the board to recognize him as still one of the police force.

The proceedings should be confirmed, with fifty dollars costs and disbursements.

.Mayham and Kellogg, JJ., concur.

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Learned, P. J.

Although the case of People ex rel Kopp v. Police Commissioners, 102 N. Y, 583; 2 St. Rep., 533, is not exactly similar to this, yet the principle there decided apples here. There was really no trial of any fact before the" board. The board did not convict the relator of any breach of duty. It only [83]*83acted upon the fact of his conviction of a crime. This fact, by the charter, prevented him from being after his conviction a member of the police force. It was only for the board to take notice of such conviction and to treat him thereafter as not a member of such force.

If the relator is injured, that is, if he was not convicted of a crime, then it seems plain that he might have a mandamus to compel the board to recognize him as still one of the police force.

The proceedings should be confirmed, with fifty dollars costs and disbursements.

.Mayham and Kellogg, JJ., concur.

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Bluebook (online)

42 N.Y. St. Rep. 81, 62 Hun 619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-mctigue-v-manning-nysupct-1891.