Legal Opinion

Curtis v. . McNair

New York Court of Appeals

Decided January 16, 1877PublishedCited by 3 opinions

Appeal from order of the General Term of the Supreme Court in the fourth judicial department reversing a judgment in favor of defendant, entered upon the report of a referee. This action was brought to recover a balance alleged to be due on an account for services rendered by plaintiff’s testator as county clerk. The items in dispute were principally charges for making searches.

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Appeal from order of the General Term of the Supreme Court in the fourth judicial department reversing a judgment in favor of defendant, entered upon the report of a referee. This action was brought to recover a balance alleged to be due on an account for services rendered by plaintiff’s testator as county clerk. The items in dispute were principally charges for making searches. Defendant claimed that the legal fees of a county clerk for searches are only those prescribed by section 13 of chapter 342, Laws of 1840, to wit: Ten cents for each conveyance and incumbrance certified. But if…

1Per curiam

The questions presented upon this appeal are important and not free from difficulty in their solution. There is need of legislation to make more certain and definite the fees to which county clerks are entitled for their services under the various laws now in force, essentially different as these laws are from those in force at the time of the adoption of the fee bill. Ye are of opinion that the plaintiff’s testator was entitled to the compensation for searches at the rates prescribed by the Revised Statutes, and was not restricted to the fees given by chapter 342 of the Laws of 1840, for…

2Cases cited1 opinion

  1. Eights v. WoodworthNew York Court of Chancery · 1842

3Cited by3 opinions

  1. In re the Taxation of Bills for Services Rendered by the County Clerk of Herkimer County to SnyderAppellate Division of the Supreme Court of the State of New York · 1896
  2. In re ParsonsThe Superior Court of New York City · 1887
  3. In re SnyderAppellate Division of the Supreme Court of the State of New York · 1896

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