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People ex rel. Colby v. Partridge

79 N.Y.S. 1142 Court N.Y. App. Div. Decision date 1903-01-09 English

Decision Majority — HATCH, J. · Dissent — LAUGHL1N, J.

Contents
p. 1142
PEOPLE ex rel. COLBY, Appellant, v. PARTRIDGE, Police Com’r, et al., Respondent.
(Supreme Court, Appellate Division, First Department.
January 9, 1903.)

Headnote

Mandamus by the people, on the relation of William Colby, against John N. Partridge, as commissioner of police of the city of New York, and others, to compel the restoration of relator to the office of' a detective sergeant. From an order denying a motion for a peremptory writ, relator appeals. Affirmed.
John M. Bowers, for appellant.
Terence Farley, for respondents.

The question presented in this case is precisely the same as is presented in People v. Partridge (decided herewith) 79 N. Y. Supp. 724 . The. order should therefore be affirmed, with $50 costs and disbursements. All concur, except LAUGHLIN, J., who dissents.

I dissent on the grounds stated in my dissenting opinion in People v. Partridge (decided herewith) 79 N. Y. Supp. 724 .