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HERRICK, J., (concurring in result.) It seems to me that as to many of the items in the relator’s account there is no fee or compensation allowed by law, and that for such he is not entitled to recover under Code Civil Proc. § 3280. The board should also determine what the actual expense has been to the relator in providing the prisoners in his care with food pursuant to the statute. See Birdseye’s St. p. 2301; Laws 1847, c. 460, tit. 1, art. 1, § 8.
Document Info
Citation Numbers: 26 N.Y.S. 610, 81 N.Y. Sup. Ct. 251, 55 N.Y. St. Rep. 888, 74 Hun 251
Judges: Herrick, Putnam
Filed Date: 12/6/1893
Precedential Status: Precedential
Modified Date: 11/12/2024