People ex rel. Hilton v. Supervisors of Albany
New York Supreme Court
The relator had presented an account to the defendant claiming compensation for his attendance as a judge of the, county courts, at the clerk’s office of the county of Albany, on notice, at various times, to witness the drawing of juries for the courts of common pleas and mayor’s courts. The supervisors refused to allow the account, and were now heard on a rule granted to show cause why a mandamus should not issue.
1Opinion of the Court
By the Court,
Savage, Ch. J.
The question is, whether a county judge is entitled to compensation for attending on the drawing of juries. According to 2 R. S. 413, § 26, it is the duty of such judge to attend at the clerk’s office to witness the drawing the jury, upon receiving notice from the county clerk. Is he entitled to compensation ? The principle of the case of Bright v. Supervisors of Chenango, 18 Johns. R. 242, is, that a public officer, who is required to perform a certain service, and no compensation is provided for such service, is entitled to receive a reasonable allowance therefor,…
2Cited by13 opinions
- Board of Supervisors v. . EllisNew York Court of Appeals · 1875
- People Ex Rel. Johnson v. Board of SupervisorsNew York Court of Appeals · 1871
- Crofut v. . BrandtNew York Court of Appeals · 1874
- People ex rel. Yates v. Canal BoardNew York Supreme Court · 1852
- People Ex Rel. Board of Supervisors v. Common CouncilNew York Court of Appeals · 1886
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