Legal Opinion

People ex rel. Mullen v. Coler

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

Decided May 15, 1901PublishedCited by 1 opinion

Appeal by the relators, William M. Mullen and another, 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 Eichmond on the 21th day of January, 1901, denying the relators’ application for a.peremptory writ of mandamus.

1Opinion of the Court

Sewell, J.:

This is an appeal from an order denying an application for a writ of mandamus to compel the- comptroller of the city of New York to audit, allow and pay the claim of the relators for services rendered and disbursements made in the defense of one William Fitzpatrick, who was indicted for the crime of murder in the first degree. When the defendant was arraigned the relators were assigned to defend him. After the assignment the defendant pleaded “ not guilty ” to the indictment, with a specification of “ insanity ” thereto. A commission was appointed, under the provisions of section…

2Cases cited4 opinions

  1. Cancemi v. . the PeopleNew York Court of Appeals · 1858
  2. People v. . McElvaineNew York Court of Appeals · 1891
  3. People ex rel. Czaki v. ColerAppellate Division of the Supreme Court of the State of New York · 1899
  4. People v. HaightCourt Of Oyer And Terminer New York · 1883

3Cited by1 opinion

  1. People v. MontgomeryAppellate Division of the Supreme Court of the State of New York · 1905

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