Legal Opinion
Fairlie v. Maxwell
New York Supreme Court
Decided May 15, 1828PublishedCited by 6 opinions
A question was submitted to the court, whether a disIrict attorney is personally liable to the clerk of the circuit for his fees, on the trial of a cause removed from the oyer and terminer and tried at the circuit.
1Opinion of the Court
By the Court,
Sutherland, J.
This case is not distinguishable from that of The People v. Van Wyck, (4 Cowen, 260.) The district attorney does not receive the fees claimed from him: there is, therefore, no propriety in subjecting him to the payment of them. The clerk has a claim against the county where such cause is tried, for his remuneration.
2Cited by6 opinions
- Ambler v. LeachWest Virginia Supreme Court · 1879
- Jett v. ShinnSupreme Court of Arkansas · 1886
- Kipp v. BurtonMontana Supreme Court · 1903
- Jump v. McClurgSupreme Court of Missouri · 1864
- Parsons v. SwettSupreme Court of New Hampshire · 1855
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