Willett v. Devoy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles S. Devoy, individually and as clerk of the county of Kings, from an order of the Appellate Term of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 1st day of June, 1915, affirming a judgment of the Municipal Court of the City of New York, borough of Brooklyn, sixth district, in plaintiff’s favor for the sum of $119.48, being for treble damages under section 67 of the Public…
Read the full summary
Appeal by the defendant, Charles S. Devoy, individually and as clerk of the county of Kings, from an order of the Appellate Term of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 1st day of June, 1915, affirming a judgment of the Municipal Court of the City of New York, borough of Brooklyn, sixth district, in plaintiff’s favor for the sum of $119.48, being for treble damages under section 67 of the Public Officers Law (Consol. Laws, chap. 47; Laws of 1909, chap. .51). (See 90 Mise. Rep. 400.)
1Opinion of the Court
Putnam, J.:
When plaintiff presented for certification the stenographic minutes of the trial of People v. Willett to the clerk of Kings county, defendant as such clerk demanded thirty-three dollars and twenty-seven cents therefor, at the rate of a cent per folio, under the supposed authority of the Code of Civil Procedure, section 3301. After the court at Special Term had sustained this charge by an order denying plaintiff’s application for a mandamus plaintiff paid the same under protest. Upon appeal to this court from said order plaintiff was held entitled to have the minutes certified…
2Cases cited1 opinion
- Willett v. DevoyAppellate Division of the Supreme Court of the State of New York · 1914
3Cited by2 opinions
- Wilkie v. RobbinsSupreme Court of the United States · 2007
- Wilkie v. RobbinsSupreme Court of the United States · 2007