Neary v. . Robinson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, .entered upon an order made May 2, 1882, which affirmed a judgment in favor of defendants, entered upon a decision of the County Court of St. Lawrence county on trial without a jury.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, .entered upon an order made May 2, 1882, which affirmed a judgment in favor of defendants, entered upon a decision of the County Court of St. Lawrence county on trial without a jury. (Reported below, 27 Hun, 145.) This action was brought originally in justices’ court against defendants as superintendents of the poor of St. Lawrence county, to recover for services rendered upon their employment by plaintiff as attorney in certain bastardy proceedings instituted by them. The answer alleged among…
1Opinion of the CourtFinch, J.
is the ground that the superintendents of the poor as an auditing board had jurisdiction to audit and settle the account, and having exercised that power the plaintiff was bound by it and could not maintain an action upon his demand. (Vedder v. Supts. of Schenectady, 5 Den. 564.) He was retained professionally by the defendants to conduct certain proceedings in bastardy instituted by their order, rendered the services, and is entitled to reasonable compensation. His employers took the benefit of his services, and then claimed the right to judicially determine how much they owed him. Their…
2Cases cited2 opinions
- Vedder v. Superintendents of the PoorNew York Supreme Court · 1848
- Hayes v. SymondsNew York Supreme Court · 1850
3Cited by5 opinions
- Roessle v. RoessleAppellate Division of the Supreme Court of the State of New York · 1914
- People ex rel. Tripp v. Board of SupervisorsNew York Supreme Court · 1898
- South Buffalo Terminals, Inc. v. GrobeNew York Supreme Court · 1932
- Prager v. ManowitzAppellate Division of the Supreme Court of the State of New York · 1935
- Mayham v. AllenNew York Supreme Court · 1888