Legal Opinion
People v. Hubel
New York Supreme Court
Decided April 15, 1907PublishedCited by 1 opinion
Motion to issue execution.
1Opinion of the CourtO’Gorman, J.
The allowance by the court of reasonable compensation to assigned counsel in a capital case under section 308 of the Code of Criminal Procedure is not an order or judgment under which execution may issue. The justice presiding at the trial may grant a certificate only, and the award thereupon becomes a county charge, payable out of the court fund. The justice granting the certificate possesses no' power to summarily enforce the payment of the sum awarded. People v. Heiselbetz, 30 App. Div. 199. Whenever a particular mode of payment of the obligation of a municipal corporation is prescribed by…
2Cases cited6 opinions
- Brady v. . Supervisors of New-YorkNew York Court of Appeals · 1851
- People ex rel. Acritelli v. GroutAppellate Division of the Supreme Court of the State of New York · 1903
- Brady v. SupervisorsThe Superior Court of New York City · 1849
- People v. HeiselbetzAppellate Division of the Supreme Court of the State of New York · 1898
- People ex rel. Levy v. GroutNew York Supreme Court · 1902
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3Cited by1 opinion
- People v. DiehlAppellate Division of the Supreme Court of the State of New York · 1955