Kenny v. Prendergast
Appellate Division of the Supreme Court of the State of New York
Appeal by William A. Prendergast, comptroller of the city of New York, from an order of the'Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Richmond on the 17th day of February, 1912, granting the petitioner’s motion for a peremptory writ of mandamus.
1Opinion of the Court
Hirschberg, J.:
The relator, an attorney and counselor at law, having been duly assigned to defend a poor person under indictment for murder in the first degree, conducted the defense at a trial lasting for a period of eight days and resulting in the conviction of the defendant of the crime of manslaughter in the first degree. The trial was had in the county of Eichmond and terminated on the 28th day of November, 1911. Thereafter the relator filed with the clerk of the county an affidavit setting forth the items of his personal and incidental expenses necessarily incurred in the defense, and…
2Cases cited2 opinions
- Moynahan v. . City of New YorkNew York Court of Appeals · 1912
- People v. SimpsonAppellate Division of the Supreme Court of the State of New York · 1907