Balbi v. Duvet
New York Court of Chancery
Motion to restrain the solicitor for the defendant from taking any further steps in the cause ; on the ground of the complainant’s death. The complainant resided in France ; and was, in fact, dead at the time the bill was filed. When the news of her decease came out, the counsel for the complainant notified the solicitor of the defendant of such death ; but such solicitor continued proceedings by putting in a plea.
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Motion to restrain the solicitor for the defendant from taking any further steps in the cause ; on the ground of the complainant’s death. The complainant resided in France ; and was, in fact, dead at the time the bill was filed. When the news of her decease came out, the counsel for the complainant notified the solicitor of the defendant of such death ; but such solicitor continued proceedings by putting in a plea. He was requested to make out his costs and a proposition was made to submit them to the taxing officer; this, he refused to do and kept on with his proceedings.
1Opinion of the Court
The Vice-Chancellor :
I think it is proper to make an order on the defendant and her solicitor to stay all further proceedings on the part of the defendant—proceedings on the part of the complainant are, of course, at an end, since any steps that might be taken would be nugatory. As the defendant has been brought into court, her solicitor is entitled to costs, but only up to the nineteenth day of June, when he received notice, from the complainant’s solicitor, of her death. From that time the defendant’s solicitor should have forborne to take any proceedings, except merely to ask for his costs…
2Cited by2 opinions
- Clegg v. BaumbergerIndiana Supreme Court · 1887
- People & Taylor v. Mayor of New YorkNew York Supreme Court · 1860