People ex rel. Van Zandt v. Prendergast
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William A. Prendergast, as comptroller, etc., from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 17th day of April, 1913; granting an application for a peremptory writ of mandamus.
1Opinion of the Court
Burr, J.:
In September, 1912, relators were assigned to defend a prisoner who had been indicted for murder in the first degree. So successful were then’ efforts that, after a trial lasting two days, the defendant was acquitted. The justice presiding over the court in which the action was tried allowed to the relators $500 as counsel fee, and certain amounts, hereinafter specified, as “personal and incidental expenses.” (Code Crim. Proc. § 308.) . The comptroller of the city of New York refused to pay the latter amounts, and from an order granting a motion for a peremptory writ of mandamus,…
2Cases cited4 opinions
- People ex rel. Cantwell v. ColerAppellate Division of the Supreme Court of the State of New York · 1901
- People Ex Rel. Cantwell v. . ColerNew York Court of Appeals · 1901
- In re WaldheimerAppellate Division of the Supreme Court of the State of New York · 1903
- In re MonfortAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by7 opinions
- Matter of Reilly v. BerryNew York Court of Appeals · 1929
- People v. FernandezNew York Supreme Court · 1951
- People v. Marx, New York County Courts1957
- Kraushaar v. BerryAppellate Division of the Supreme Court of the State of New York · 1929
- People v. Scott, New York County Courts1959
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