Hyperlawhypertext legal database People ex rel. Manning v. McClave 32 N.Y. St. Rep. 513

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People ex rel. Manning v. McClave

32 N.Y. St. Rep. 513 Court N.Y. Gen. Term Decision date 1890-06-06 English

Delivered by Van Brunt, P. J.

Contents

Majority

p. 513
The People ex rel. Thomas F. Manning v. John McClave et al., Com’rs.
(Supreme Court, General Term, First Department
Filed June 6, 1890.)

Headnote

Municipal corporations — Police—Removal.
It is no excuse that a violation of the rules of the police department was a mere mistake of judgment.
Certiorari to review dismissal of order.
L. J. Grant, for relator; J. J. Delany, for resp’t.

The admissions of the relator show that he-violated the rules of the police department, and it is no excuse to-say that such violation was a mere mistake of judgment. The board-of police was the judge of the amount of punishment to be inflicted for such violation, with which this court cannot interfere.

The proceedings should be affirmed and the writ dismissed.

Brady and Daniels, JJ., concur.