Legal Opinion

People Ex Rel. Rand v. . Craig

New York Court of Appeals

Decided May 31, 1921PublishedCited by 30 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 4, 1921, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel defendant to draw a warrant for payment of defendant’s claim for certain services rendered by him as special deputy attorney-general.

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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 4, 1921, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel defendant to draw a warrant for payment of defendant’s claim for certain services rendered by him as special deputy attorney-general. Assuming that respondent’s appointment or designation as a special deputy attorney-general complied with the requirements of section 61, Executive Law, as amended by chapter 165, Laws of 1919, such appointment or designation carried with…

1Opinion of the CourtCardozo, J.

An order of the governor required the attendance of the attorney-general at a term of the Supreme Court in the county of New York (Executive Law, sec. 62, subd. 2; Consol. Laws, ch. 18). The attorney-general appointed a special deputy, the relator, to conduct the prosecutions then pending or expected. The relator has filed with the comptroller of the city of New York a verified claim, approved by the attorney-general, in the sum of $15,000, the alleged value of his services. The comptroller takes the ground that the claim is subject to audit in the same manner as other claims against the city…

2Cases cited4 opinions

  1. Lyddy v. . Long Island CityNew York Court of Appeals · 1887
  2. Stetler v. . McFarlaneNew York Court of Appeals · 1921
  3. People Ex Rel. Gardenier v. Board of SupervisorsNew York Court of Appeals · 1892
  4. Attorney-General v. Continental Life InsuranceNew York Court of Appeals · 1882

3Cited by30 opinions

  1. Realty Associates Securities Corp. v. O'ConnorSupreme Court of the United States · 1935
  2. Matter of Reilly v. BerryNew York Court of Appeals · 1929
  3. Bellinger v. SchutteCourt of Appeals of Texas · 1951
  4. Mulroy v. CareyAppellate Division of the Supreme Court of the State of New York · 1977
  5. Malinou v. PowersSupreme Court of Rhode Island · 1975

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