Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York Volume 85 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 Excerpt: ...present on an appeal fFm a final order entered in the proceeding not only questions of law, but also the facts for review. Semble, that if the final order were entered upon the verdict of a jury it would be necessary for the appellant, in order to review the facts upon the aPPl-m appeal from an order denying a motion to set aside the verdict and for a new trial The chief clerk in the tax department for the borough of Waiihattan in the cit ' of New York is not a " regular clerk," but occupies u confidential relflliml V) the commissioners of taxes, and can, therefore, be peremptorily dificllfl-T894 without the preferring of charges or the assigning of reasons. _ The fact that a position has been classified by the civil service commissioners 111 the non-competitive schedule, while not conclusive, is entitled to great W6iEM in doubtful cases upon the question whether the incumbent of such p08iii" holds a confidential relation to the appointing power. APPEAL by the defendants, James L. Vells, president, and othefsa commissioners, composing the board of taxes and assessments of the city of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the oflice of the clerk of the county of New York on the 5th day of February, 1903- granting the relator's motion for a peremptory writ of mandamus Williaan B. Crowell, for the appellants. Henry S. J. F lyn/n, for the respondent. O'BnmN, J.: An alternative writ of mandamus was issued herein and a return filed thereto and a trial was thereafter had upon the issues framed bl' the writ and return before a justice at the Trial Term without 8 .""Y-The learned justice made certain findings of facts to which the defendmlts duly eX08pte...