Perry v. Myer

This is an application to the court to declare and enforce a lien for the moving attorney’s services. Under the Code as it now stands, and under the decisions, I think the proceeding out of which the claim arose is a special proceeding. Code Civ. Proc. § 3334.

The defendant, John C. Myer, is a constable in the city of Oneida, in this county. Having performed services as. such constable, his claim was duly presented for adjustment to the proper auditing board of the city of Oneida, and a large portion of said claim was rejected by said board. From that decision an appeal, pursuant to statute,…