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Litt v. Emery

29 N.Y.S. 1146 Court N.Y. Gen. Term Decision date 1894-07-27 English

Delivered by DYKMAN, J.

Contents

Majority

p. 1146
LITT, Respondent, v. EMERY, Appellant.
(Supreme Court, General Term, Second Department.
July 27, 1894.)

Headnote

Appeal from special term, Kings county. Application by Jonas Litt for mandamus to compel Z. Taylor Emery, M. D., as commissioner of the department of health of the city of Brooklyn, to restore petitioner to the position of meat inspector. Alexander H. Van Cott, for appellant. Blanchard, Gay & Phelps (Joseph G. Gay, of counsel), for respondent.

This is an appeal from an order directing the issuance of a peremptory writ of mandamus, requiring the commissioner of the department of health of the city of Brooklyn to restore Jonas Litt to the position of meat inspector in that department. Our conclusion is that the order should be affirmed, on the opinion of the judge who made it.