Matter of Knight
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 25, 1907, which affirmed an order of Special Term denying an application for an order fixing the compensation of the appellant herein for services rendered as counsel to the district attorney at a criminal trial. The facts, so far as material, and the question certified are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 25, 1907, which affirmed an order of Special Term denying an application for an order fixing the compensation of the appellant herein for services rendered as counsel to the district attorney at a criminal trial. The facts, so far as material, and the question certified are stated in the opinion. A district attorney has no duties' other than those fixed by statute. (People ex rel. Gardenier v. Supervisors, 134 N. Y. 1; State v. Morrison, 64 Ind. 111.) It was not…
1Opinion of the CourtWerner, J.
The question certified to this court is whether the appellant, John Knight, was entitled to an order from the justice presiding at the trial of this case fixing Knight’s compensation for services rendered therein. The facts out of which this controversy arose are as follows: The defendant Neff, then county auditor of Erie county, had been indicted in that county in January, 1906, for the crime of grand larceny. Upon his application, in or about the month of June, 1906, the place of trial of the indictment was changed from Erie county to Wyoming county. The appellant Knight was then the…
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