Legal Opinion

In re the Taxation of Bills for Services Rendered by the County Clerk of Herkimer County to Snyder

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 2 opinions

Appeal by Charles E.- Snyder from an order of the Supreme Court, made at the Herkimer Special Term on the 25th day of April, 1896, taxing the fees of the. clerk of the county of Herkimerfor services in making searches.

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Appeal by Charles E.- Snyder from an order of the Supreme Court, made at the Herkimer Special Term on the 25th day of April, 1896, taxing the fees of the. clerk of the county of Herkimerfor services in making searches. The appeal was taken from an order made pursuant to section 3287 of the Code of Civil Procedure.. ■ December 13, 1895, ■ the appellant, by three written requisitions, required the clerk of the county of Herkimer to search the title of certain lands in that county as against certain persons mentioned in. the requisitions. -The requisitions commanded the clerk, to search- and…

1Opinion of the CourtFollett, J.

The .appellant contested before -the justice the legality of. the •charges upon the following grounds: (1) That'the' services were performed for the Attorney-General of the State, and that, pursuant to section 8296 of the Code of Civil Procedure, the clerk was not entitled to fees for his services ; (2). that the board of supervisors -of the county of Herkimer not having established a scale of fees for searches, pursuant to chapter 47 of the Laws of 189-1, the- clerk had no right to charge for making searches ; (3) that .the bills- presented were. too large and that the charges ought not to-…

2Cases cited1 opinion

  1. Curtis v. . McNairNew York Court of Appeals · 1877

3Cited by2 opinions

  1. In re HoweAppellate Division of the Supreme Court of the State of New York · 1901
  2. People v. FraneyNew York Supreme Court · 1910

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