People ex rel. Lawyer v. Supervisors of Schoharie

New York Supreme Court

People ex rel. Lawyer v. Supervisors of Schoharie

6 Wend. 505

DecidedDecember 23, 1830

StatusPublished

This text of 6 Wend. 505 (People ex rel. Lawyer v. Supervisors of Schoharie) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Lawyer v. Supervisors of Schoharie, 6 Wend. 505 (N.Y. Super. Ct. 1830).

Pincite

Opinion

By the Court,

Sutherland, J.

A district attorney is entitled to the allowance claimed in this case only when the attorney general attends the oyer and terminer on the requirement of the governor, of a judge of this court, or of a circuit judge. It is true, the supervisors have not the power to tax the bill of a district attorney; they must either make provision for its payment, or require a re-taxation. In this case, the facts appearing, no re-taxation is necessary.

Motion denied.

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By the Court,

Sutherland, J.

A district attorney is entitled to the allowance claimed in this case only when the attorney general attends the oyer and terminer on the requirement of the governor, of a judge of this court, or of a circuit judge. It is true, the supervisors have not the power to tax the bill of a district attorney; they must either make provision for its payment, or require a re-taxation. In this case, the facts appearing, no re-taxation is necessary.

Motion denied.

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Bluebook (online)

6 Wend. 505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-lawyer-v-supervisors-of-schoharie-nysupct-1830.