Tullis v. Bushnell
New York Court of Common Pleas
Appeal from a judgment of this court entered upon the verdict of a .jury and from an order denying a motion for a new trial.
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Appeal from a judgment of this court entered upon the verdict of a .jury and from an order denying a motion for a new trial. The plaintiff who was an attorney and counselor at law, had been the attorney for Chester Bushnell, who was one of the defendants in this action, in a former action brought by Bushnell against the other defendants in this action, which former action was settled by the parties, without making payment to the plaintiff herein of his compensation as the attorney for plaintiff in that action; whereupon he brought this suit against all the parties to the former action to…
1Opinion of the CourtVan Brunt, J.
I do not see upon what principle the judgment in this action can be sustained.
Prior to the adoption of section 66 of the Code of Civil Procedure, an attorney had a lien for his costs and charges upon the papers, deeds and other evidences of debt in his hands belonging to his client, and also upon any money which he might have collected at his client’s request, but he had no lien or interest whatever in the cause of action by reason of his employment to prosecute the same.
After judgment the attorney had a lien thereon to the extent of his costs, and for such further sum as the client had…
2Cases cited2 opinions
- Talcott v. Bronson & BronsonNew York Court of Chancery · 1834
- Wright v. . WrightNew York Court of Appeals · 1877
3Cited by7 opinions
- Smith v. BaumCity of New York Municipal Court · 1884
- Fischer-Hansen v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Oliwill v. VerdenhalvenCity of New York Municipal Court · 1889
- Cornell v. DonovanNew York Court of Common Pleas · 1887
- Quinlan v. BirgeNew York Supreme Court · 1887
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