In the Matter of Tinsley
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made October 38, 1881, which reversed an order of the Court of Oyer and Terminer of the county of Onondaga, allowing Charles G. Tinsley, the official court stenographer, twenty-five cents per page for making and furnishing to the district attorney a “ daily copy ” of the testimony given on the trial of an indictment for murder, and directed the county treasurer of said county to…
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made October 38, 1881, which reversed an order of the Court of Oyer and Terminer of the county of Onondaga, allowing Charles G. Tinsley, the official court stenographer, twenty-five cents per page for making and furnishing to the district attorney a “ daily copy ” of the testimony given on the trial of an indictment for murder, and directed the county treasurer of said county to pay the same. The trial was had in September, 1879. The pages of the copy so furnished contained about one and a half…
1Opinion of the CourtEarl, J.
We concur generally in the opinion pronounced at the General Term, and will simply add : If the attorney for the respondent is right in the claim that Tinsley’s compensation was regulated by statute, then such compensation could be that only given by the statute, to-wit, six cents per folio. If the claim of Tinsley is well founded that there is no statute regulating the amount of his compensation, and providing for its payment, then the Court of Oyer and Terminer had no right to audit and fix the amount and order it to be paid by the county treasurer. That court has no inherent power as…
2Cited by6 opinions
- Matter of Guarino v. AndersonNew York Court of Appeals · 1932
- McCarthy v. BonyngeNew York Court of Common Pleas · 1884
- People Ex Rel. Frost v. . WoodburyNew York Court of Appeals · 1914
- Deason v. DeasonAppellate Division of the Supreme Court of the State of New York · 1972
- Jeffreys v. JeffreysAppellate Division of the Supreme Court of the State of New York · 1972
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