Legal Opinion

People ex rel. Bliss v. Board of Supervisors

New York Supreme Court

Decided April 15, 1891PublishedCited by 7 opinions

William Y. Bliss applied for a writ of mandamus to the board of supervisors of Cortland county to audit and allow his bill of $150 for six days’ services as an expert physician and witness in a murder trial, rendered, as lie alleged, on an agreement with the district attorney that lie should receive $25 per day therefor. An alternative writ was allowed.

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William Y. Bliss applied for a writ of mandamus to the board of supervisors of Cortland county to audit and allow his bill of $150 for six days’ services as an expert physician and witness in a murder trial, rendered, as lie alleged, on an agreement with the district attorney that lie should receive $25 per day therefor. An alternative writ was allowed. His bill had been presented to the board, and by it referred to a committee, which, after an informal proceeding, had reported that the district attorney had not made, and could not make, an agreement to pay any fixed amount, and recommended…

1Opinion of the CourtSmith, J.

By 1 Rev. St. (Birdseye Ed.) p. 732, it is provided: “The following shall be deemed county charges: * * * Second. The fees oí the district attorney and all expenses necessarily incurred by him in criminal cases arising within the county. * * * Ninth. The moneys necessarily expended by any county officer in executing the duties of his office, in cases where no specific compensation for such services is provided by law.” Under these statutes, the district attorney had power to employ the relator to assist in consulting upon the trial of this case; and such has been found to have been the…

2Cases cited17 opinions

  1. Fudickar v. . Guardian Mutual Life Ins. Co.New York Court of Appeals · 1875
  2. People Ex Rel. Myers v. . BarnesNew York Court of Appeals · 1889
  3. Frear v. . SweetNew York Court of Appeals · 1890
  4. The People Ex Rel. Millard v. . ChapinNew York Court of Appeals · 1887
  5. Elmendore v. HarrisCourt for the Trial of Impeachments and Correction of Errors · 1840

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3Cited by7 opinions

  1. Hoskins v. Hotel Randolph Co.Supreme Court of Iowa · 1927
  2. People ex rel. Slater v. SmithNew York Supreme Court · 1894
  3. In Re Claims of HydeMontana Supreme Court · 1925
  4. Crosby v. State Board of Hail InsuranceMontana Supreme Court · 1942
  5. People ex rel. McHenry v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1910

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