Adams v. Fox
New York Supreme Court
APPEAL from an order of the special term, overruling the demurrer of Peter Fox, one of the defendant^ The " plaintiff's complaint charged that Lawrence M. Fox recovered a judgment against Peter Fox, the executor of Archibald Fox deceased, on the 24th day of July, 1862, for $1862.24, besides costs.
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APPEAL from an order of the special term, overruling the demurrer of Peter Fox, one of the defendant^ The " plaintiff's complaint charged that Lawrence M. Fox recovered a judgment against Peter Fox, the executor of Archibald Fox deceased, on the 24th day of July, 1862, for $1862.24, besides costs. The costs as taxed amounted to $681.83. Total, $2570.34. The suit was brought by Peter Fox, the executor, against Lawrence M. Fox, and the judgment was for the demands which Lawrence M. Fox established against Peter Fox ify way of counter-claim. The case was tried twice before a referee, and…
1Opinion of the CourtMorgan, J.
The amount of the compensation to which the plaintiff is entitled as attorney and counsel in the original action was not stipulated between the attorney and his client ; and as the amount is disputed by the party (Lawrence M. Fox) it was doubtless proper that it should be ascertainod in an action at law. There is some question whether the lien of the attorney ought to be protected beyond the taxable costs, (Haight v. Holcomb, (16 How. Pr. Rep. 173,) or the amount stipulated as compensation between the attorney and client. (Rooney v. Second Avenue R. R. Co., 18 N. Y. Rep. 368.) It would be an…
2Cases cited6 opinions
- Rooney v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1858
- Martin v. HawksNew York Supreme Court · 1818
- People ex rel. Manning v. New York C. P.New York Supreme Court · 1835
- People ex rel. Platt v. President of the Oakland County BankMichigan Supreme Court · 1844
- Haight v. HolcombNew York Supreme Court · 1858
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3Cited by10 opinions
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- Matter of HeinsheimerNew York Court of Appeals · 1915
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- In re WilsonDistrict Court, S.D. New York · 1882
- Bruce v. AndersonMassachusetts Supreme Judicial Court · 1900
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