People ex rel. White v. Clinton
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court and attested on the 13th day of December, 1897, directed to William H. Clinton and others, as and composing the board of town auditors of the town of Cortlandt, county of Westchester and State of New York, commanding them to certify and return to the office of the clerk of the county of Westchester all and singular their proceedings in disallowing the claim of the relator, which was presented to said board for audit, on the ground…
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Certiorari issued out of the Supreme Court and attested on the 13th day of December, 1897, directed to William H. Clinton and others, as and composing the board of town auditors of the town of Cortlandt, county of Westchester and State of New York, commanding them to certify and return to the office of the clerk of the county of Westchester all and singular their proceedings in disallowing the claim of the relator, which was presented to said board for audit, on the ground that the items thereof were not legal charges against such town.
1Opinion of the Court
Willard Bartlett, J.:
In • disposing of this case the court may consider the facts which are stated in the petition^ as .well as those which.are set out in the return, inasmuch as the return practically admits all the allegations of the petition. (People ex rel. Miller v. Wurster, 149 N. Y. 549.) The record, indeed, discloses a substantial agreement between the parties as to the facts, and leaves only a.question of,law for us to determine.
That question is, whether the fees of a deputy sheriff, acting as i peace officer in criminal actions tried before a magistrate of the towd where the offense…
2Cases cited3 opinions
- People Ex Rel. Miller v. . WursterNew York Court of Appeals · 1896
- Deyoe v. . WoodworthNew York Court of Appeals · 1895
- Deyoe v. EwenNew York Supreme Court · 1893
3Cited by1 opinion
- Lawton v. FarrellAppellate Division of the Supreme Court of the State of New York · 1917