Matter of Atterbury
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 30, 1917, which reversed an order of Special Term denying a motion to vacate and set aside two former orders fixing the fees of the petitioner. The facts, so far as material, are stated' in the opinion. The Supreme Court had jurisdiction. (L. 1909, ch. 35, §§ 474, 475; Matter of King, 168 N. Y. 53; Smith v. Acker Process Co., 120 App.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 30, 1917, which reversed an order of Special Term denying a motion to vacate and set aside two former orders fixing the fees of the petitioner. The facts, so far as material, are stated' in the opinion. The Supreme Court had jurisdiction. (L. 1909, ch. 35, §§ 474, 475; Matter of King, 168 N. Y. 53; Smith v. Acker Process Co., 120 App. Div. 170; Peri v. New York Central & H. R. R. R. Co., 152 N. Y. 521; Sullivan v. McCann, 125 App. Div. 126; Matter of Cartier v. Spooner, 118…
1Opinion of the CourtAndrews, J.
Leon F. Pettit was killed by the negligence of a railroad company. He left a wife and minor children. Limited letters of administration were granted to Mrs. Pettit. She retained Mr. Atterbury to bring an action against the railroad, but made no agreement with him as to compensation. The action resulted in a judgment for the plaintiff of something over sixteen thousand dollars. Mr. Atterbury then presented a petition to the Supreme Court asldng it to determine and enforce the amount of his lien on the judgment. The administratrix alone was made a party to this proceeding. On June 14, 1917, the…
2Cases cited6 opinions
- Fischer-Hansen v. . Bklyn. Heights R.R. Co.New York Court of Appeals · 1903
- Coughlin v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1877
- Matter of KingNew York Court of Appeals · 1901
- Adams v. Stevens & CaggerNew York Supreme Court · 1841
- Lee v. Van VoorhisNew York Supreme Court · 1894
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3Cited by17 opinions
- Henderson v. HendersonNew York Court of Appeals · 1928
- Citizens Trust Co. v. R. Prescott & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1927
- Matter of ReisfeldNew York Court of Appeals · 1919
- Frear v. LewisAppellate Division of the Supreme Court of the State of New York · 1922
- In re the Accounting of MillerNew York Surrogate's Court · 1946
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