Home/New York Supreme Court/People ex rel. Smith v. Wurster

People ex rel. Smith v. Wurster

35 N.Y.S. 86, 89 Hun 7, 96 N.Y. Sup. Ct. 7, 69 N.Y. St. Rep. 443
CourtNew York Supreme Court
DecidedJuly 26, 1895
StatusPublished
Cited by4 cases

This text of 35 N.Y.S. 86 (People ex rel. Smith v. Wurster) 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. Smith v. Wurster, 35 N.Y.S. 86, 89 Hun 7, 96 N.Y. Sup. Ct. 7, 69 N.Y. St. Rep. 443 (N.Y. Super. Ct. 1895).

Opinion

PRATT, J.

Considering all the circumstances, I think plaintiff should be held to be a member of the force for extinguishing fires. To determine the question, the court will consider the petition for the writ and affidavits annexed thereto, as well as the return. The • denial of the conclusion of law in the return is a futile method of defeating the relator. The latter was certainly not employed as a laborer, but as a necessary member of the fire force. It is clear he was originally appointed on the force, where he served for nearly 10 years, after being qualified regularly. It is too late, and too transparent a fiction to succeéd, to claim the relator- is not on the force.

Judgment for relator. All concur.

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Cite This Page — Counsel Stack

Bluebook (online)
35 N.Y.S. 86, 89 Hun 7, 96 N.Y. Sup. Ct. 7, 69 N.Y. St. Rep. 443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-smith-v-wurster-nysupct-1895.