Legal Opinion

Supervisors of Onondaga v. Briggs

New York Supreme Court

Decided January 15, 1846PublishedCited by 94 opinions

This cause' was tried a third time at the Onondaga circuit in April, 1845, before Whitiííg, C. Judge. The plaintiffs again" sought to recover the excess Of Moneys received by the defendant as district attorney of Onondaga, over and above his lawful compensation.

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This cause' was tried a third time at the Onondaga circuit in April, 1845, before Whitiííg, C. Judge. The plaintiffs again" sought to recover the excess Of Moneys received by the defendant as district attorney of Onondaga, over and above his lawful compensation. It appeared that the defendant had been district attorney of that county for about six years prior to June, 1839, and that his bills had been taxed by a supreme court commissioner, after notice given td the chairman of the board of supervisors, and regularly audited and allowed each year by the board, and that íhé amount had been paid…

1Opinion of the Court

By the Court, Bronson, Ch. J.

After this case was before us on a former occasion, (2 Hill, 135,) there was a second trial,, when the plaintiffs were nonsuited. The decision of the circuit judge was reviewed by this court on a bill of exceptions, and confirmed in May term, 1843. A writ of error was then brought, *29and our judgment was reversed by the court for the correction of errors in December, 1844. There has since been another trial, and a verdict for the plaintiffs for $4536,49; and the defendant now moves for a new tidal on a bill of exceptions. When the case was mentioned at the bar, I…

2Cases cited4 opinions

  1. Mowatt v. WrightNew York Supreme Court · 1828
  2. Case v. ReeveNew York Supreme Court · 1817
  3. Bartholomew v. YawNew York Court of Chancery · 1841
  4. Rogers v. RogersNew York Court of Chancery · 1831

3Cited by94 opinions

  1. Osterhoudt v. . RigneyNew York Court of Appeals · 1885
  2. Board of Supervisors v. . EllisNew York Court of Appeals · 1875
  3. Brown v. Mayor of New YorkNew York Court of Appeals · 1876
  4. Cecil v. ClarkWest Virginia Supreme Court · 1898
  5. People Ex Rel. Hatzel v. . HallNew York Court of Appeals · 1880

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