1 Wend. 17
Decided May 15, 1828
New York Supreme Court · decided 1828-05-15
A question was submitted to the court, whether a disIrict attorney is personally liable to the clerk of the circuit for his fees, on the trial of a cause removed from the oyer and terminer and tried at the circuit.
Good law ✅— No negative treatment on recordhow we know
Decided 1828-05-15
Cited by 3 later decisions — most recently November 1903
3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1By the Court,
¶2This case is not distinguishable from that of The People v. Van Wyck, (4 Cowen, 260.) The district attorney does not receive the fees claimed from him: there is, therefore, no propriety in subjecting him to the payment of them. The clerk has a claim against the county where such cause is tried, for his remuneration.