# MATTER OF HAMILTON v. Monaghan

> New York Court of Appeals · July 11, 1956 · 1 N.Y.2d 877

URL: https://www.frixlaw.com/law-library/cases/9885668

## Case

- **Full name:** In the Matter of Jervey C. Hamilton, Respondent-Appellant, Against George P. Monaghan, as Police Commissioner of the City of New York, Appellant-Respondent
- **Court:** New York Court of Appeals
- **Decided:** July 11, 1956
- **Citations:** 1 N.Y.2d 877; 154 N.Y.S.2d 637; 136 N.E.2d 711; 1956 N.Y. LEXIS 770
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Concur: Desmond
- **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/9885668

## Opinion text

*879 Order affirmed, upon the ground that the Appellate Division had power to direct that the facts be tried out instead of being decided on conflicting and incomplete allegations of affidavits. We pass upon no other questions. The question certified on appellant-respondent’s appeal is answered in the affirmative. The question certified on respondent-appellant’s appeal is answered in the negative. No opinion.
Concur: Desmond, Dye, Fuld and Van Voorhis, JJ. Conway, Ch. J., dissents in the following opinion in which Froessel, J., concurs. Taking no- part: Burke, J.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9885668. Public record. Not legal advice.