# People on rel. Cook v. Board of Police

> New York Supreme Court · December 15, 1863 · 16 Abb. Pr. 473

URL: https://www.frixlaw.com/law-library/cases/5456833

## Case

- **Full name:** THE PEOPLE on rel. COOK a. THE BOARD OF POLICE
- **Court:** New York Supreme Court
- **Decided:** December 15, 1863
- **Citations:** 16 Abb. Pr. 473; 40 Barb. 626; 26 How. Pr. 152
- **Precedential status:** Published
- **Opinion:** Concurrence by Sutherland
- **Judges:** Barnard, Leonard, Sutherland
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5456833

## Opinion text

Sutherland, P. J.
I concur in the conclusion.
Leonard, P. J.
It is wholly inconsistent to find an officer guilty of neglect of duty for absence during the time he was unlawfully dismissed from service. The officer was not guilty of any offence for being absent at such time. The judgment ought to be affirmed with costs.
Order of special term affirmed, and copviction reversed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5456833. Public record. Not legal advice.