Lamont v. Solano Cty.
California Supreme Court
Appeal from the District Court of the Seventh Judicial District, Solano County. It is alleged in the complaint that the plaintiff—an attortorney and counselor at law—having been appointed by the District Court to defend two pauper prisoners indicted for the crime of murder, gave his professional services in their behalf at the trials, and prosecuted appeals to the Supreme Court from a judgment of conviction, necessarily expending the sum of $300 in procuring affidavits in…
Read the full summary
Appeal from the District Court of the Seventh Judicial District, Solano County. It is alleged in the complaint that the plaintiff—an attortorney and counselor at law—having been appointed by the District Court to defend two pauper prisoners indicted for the crime of murder, gave his professional services in their behalf at the trials, and prosecuted appeals to the Supreme Court from a judgment of conviction, necessarily expending the sum of $300 in procuring affidavits in the cases and in attending on the Supreme Court; that he presented a claim to the Board of Supervisors of Solano county…
1Opinion of the Court
Mr. Chief Justice Wallace,
speaking for the Court, said:
This action, as I understand it, is brought upon an implied promise on the part of the county to pay for the services of the plaintiff. Such a promise, however, cannot be implied where it is the duty of the attorney to perform the services when called upon by the Court to do so. It is “ part of the general duty of counsel to render their professional services to persons accused of crime who are destitute of means, upon the appointment of the Court, when not inconsistent with their obligations to others.” This view was announced here some…
2Cited by23 opinions
- Mallard v. United States Dist. Court for Southern Dist. of IowaSupreme Court of the United States · 1989
- United States v. Edward J. Dillon, Petition of Manley B. StrayerCourt of Appeals for the Ninth Circuit · 1965
- Melvin Leroy Tyler v. Warden Lark Norton Y. Beilenson v. Treasurer of the United StatesCourt of Appeals for the Eighth Circuit · 1973
- Weiner v. Fulton CountyCourt of Appeals of Georgia · 1966
- Presby v. Klickitat CountyWashington Supreme Court · 1892
18 more not listed; retrieve them via the Exa API.