New York Court of Appeals

The People Ex Rel. Joseph H. Munday, Respondents v. the Board of Fire Commissioners of the City of New York, Appellant

February 5, 187872 N.Y. 445

Summary

The Court of Appeals affirmed the judgment, holding that the 1873 charter provision requiring notice of cause and an opportunity to be heard before removing a regular clerk is a mandatory limitation that was not complied with, rendering the removal order void; the appeal was correctly treated as an appeal from a judgment.