Legal Opinion

Matter of Equitable Trust Co. v. . Hamilton

New York Court of Appeals

Decided April 22, 1919PublishedCited by 24 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 10, 1917, which affirmed an order of Special Term denying, as a matter of law, a motion for a peremptory writ of mandamus. The nature of the .action and the facts, so far as material, are stated in the opinion.

1Opinion of the CourtCardozo, J.

Charges preferred against the district attorney of Rockland county were followed by the appointment of a commissioner (Public Officers Law, sec. 34; Consol. Laws, chap. 51), and a hearing on the merits. The complainant had an attorney, who prosecuted the proceeding. At its close, a claim for services and expenses was submitted to the board of supervisors. The attorney gave credit for $3,300 received from private subscriptions. He asked the allowance of the unpaid balance. On May 1, 1916, the board of supervisors adopted a resolution that the " unpaid balance of service item be audited and…

2Cases cited14 opinions

  1. Osterhoudt v. . RigneyNew York Court of Appeals · 1885
  2. People Ex Rel. Myers v. . BarnesNew York Court of Appeals · 1889
  3. People Ex Rel. McCabe v. . MatthiesNew York Court of Appeals · 1904
  4. People Ex Rel. Chase v. . WempleNew York Court of Appeals · 1895
  5. People Ex Rel. Hotchkiss v. Board of SupervisorsNew York Court of Appeals · 1875

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3Cited by24 opinions

  1. City of New York v. StateNew York Court of Appeals · 1976
  2. People Ex Rel. Desiderio v. . ConollyNew York Court of Appeals · 1924
  3. MATTER OF JOSEPH BURSTYN, INC. v. WilsonNew York Court of Appeals · 1951
  4. Magma Copper Co. v. Arizona State Tax CommissionArizona Supreme Court · 1948
  5. Fiesta Realty Corp. v. McGoldrickAppellate Division of the Supreme Court of the State of New York · 1954

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