Legal Opinion

People ex rel. Cantwell v. Coler

Appellate Division of the Supreme Court of the State of New York

Decided June 15, 1901PublishedCited by 16 opinions

Appeal by the defendant, Bird S. Coler, as comptroller of the city of New York, from an order of the Supreme Court, made at the.

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Appeal by the defendant, Bird S. Coler, as comptroller of the city of New York, from an order of the Supreme Court, made at the. New York Special Term, and entered in the office of the clerk of the coifhty 'of New York on. the 7th day of May, 1901, granting the relators’ motion for a peremptory writ of mandamus commanding the defendant to pay to the relators the snm of $950 for. persona] .and incidental expenses incurred in the defense of Samuel J. Kennedy on a trial upon an indictment.

1Opinion of the Court

Patterson, J.:

The comptroller of the city of New York appeals from an.order granting an application for a. peremptory writ of mandamus requiring him to pay to the relators a sum of $950 allowed them for the' compensation of expert witnesses, as to handwriting called for .the defendant on the trial of one Kennedy for murder. The relators were the attorneys and counsel for the defendant Kennedy, being assigned by the court to defend him. It was conceded by the appellant on the argument, although it is not expressly stated in the record, that on the trial expert witnesses were properly called-by…

2Cited by16 opinions

  1. Matter of Reilly v. BerryNew York Court of Appeals · 1929
  2. In re WaldheimerAppellate Division of the Supreme Court of the State of New York · 1903
  3. People ex rel. Levy v. GroutNew York Supreme Court · 1902
  4. In re MonfortAppellate Division of the Supreme Court of the State of New York · 1903
  5. People ex rel. Van Zandt v. PrendergastAppellate Division of the Supreme Court of the State of New York · 1913

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