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People ex rel. Minchen v. MacLean

61 N.Y. Super. Ct. 458 29 Jones & S. 458 Court N.Y. Super. Ct. Decision date 1892-07-05 English

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p. 458
THE PEOPLE, etc., ex rel. MICHAEL G. MINCHEN, Relator, Appellant v. CHARLES F. MACLEAN, et al., Commissioners, etc., Respondents.

Headnote

Certiorari to rveiew proceedings of police commissioners. Where the writ directs the commission to certify all the acts and proceedings sought to be reviewed, it unll be presumed from the absence of the
p. 459
statement in the return that it contains all of such acts and proceedings, and from the fact that the judgment of the commissioners in the case is not referred to in the return, that all the acts of the Board have not been returned and a further return containing such statement with other proper matter should be directed.
Before Freedman, P. J., Dugro and Gildersleeve, JJ.
Decided July 5, 1892.
Proceedings by writ of certiorari to review judgment o of the police commissioners removing relator from the police force.
Louis J. Grant, for relator, appellant.
William H. Clark, counsel to the corporation, for respondents.

Return remanded for correction in the particulars stated in the head note.

Freedman, P. J., and Gildersleeve, J., concurred.