People ex rel. Lawyer v. Supervisors of Schoharie , 6 Wend. 505 ( 1830 )

By the Court,

Sutherland, J.

A district attorney is entitled to the allowance claimed in this case only when the attorney general attends the oyer and terminer on the requirement of the governor, of a judge of this court, or of a circuit judge. It is true, the supervisors have not the power to tax the bill of a district attorney; they must either make provision for its payment, or require a re-taxation. In this case, the facts appearing, no re-taxation is necessary.

Motion denied.