In re Monfort
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Queens county. Application by Henry A. Monfort for mandamus to Edward M. Grout, comptroller of the city of New York. From an order denying a motion for a peremptory writ, applicant appeals. Reversed.
1Opinion of the CourtHirschberg, J.
The relator was assigned as counsel to defend one Anderson on the trial of an indictment for murder in the first degree. After the indictment was finally disposed of, he was allowed by the court having jurisdiction the sum of $500 for his services, and the additional sum of $24.10 for his personal and incidental expenses, in pursuance of the provisions of section 308 of the Code of Criminal Procedure. The comptroller of the city of New York refused to pay more than the sum of $514.10, claiming that the additional item of $10 was not allowed as a personal and incidental expense. The order…
2Cases cited4 opinions
- People ex rel. Cantwell v. ColerAppellate Division of the Supreme Court of the State of New York · 1901
- People v. . FerraroNew York Court of Appeals · 1900
- People v. . BaroneNew York Court of Appeals · 1900
- Driggs v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Edwards v. PrendergastNew York Supreme Court · 1912