Smith v. Cayuga Lake Cement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Cayuga Lake Cement Company, from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Tompkins on the 29th day of June,’1905, denying the defendant’s motion to set off one judgment against another. The plaintiff obtained a judgment against the defendant in Justice’s Court in Tompkins county for sixteen dollars and sixty cents and costs.
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Appeal by the defendant, the Cayuga Lake Cement Company, from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Tompkins on the 29th day of June,’1905, denying the defendant’s motion to set off one judgment against another. The plaintiff obtained a judgment against the defendant in Justice’s Court in Tompkins county for sixteen dollars and sixty cents and costs. An appeal was taken to the County Court where the judgment was reversed as contrary to and against the weight of evidence, with costs to the defendant, and a new…
1Opinion of the Court
Chase, J.:
The decisions of the courts are in some confusion on the subject of" the set-off of judgments for costs where such set-off will affect the lien of attorneys thereon, and general expressions are sometimes used therein which seem to be antagonistic. The lien of attorneys on judgments exclusively for costs as against the rights and interests of the party therein are generally recognized, and there may be said to be a growing tendency to enforce the attorney’s lien at all times when the equities favor it. Although costs are awarded to the party (Code Civ. Proc. chap. 21, tit. 1, art.…
2Cases cited4 opinions
- Marshall v. . MeechNew York Court of Appeals · 1872
- Barry v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Gibbs v. PrindleAppellate Division of the Supreme Court of the State of New York · 1896
- In re Application of HavemeyerAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by10 opinions
- Beecher v. Peter A. Vogt Manufacturing Co.New York Court of Appeals · 1920
- Renfro v. NixonIdaho Supreme Court · 1935
- Malman v. United StatesCourt of Appeals for the Second Circuit · 1953
- Webb v. ParkerAppellate Division of the Supreme Court of the State of New York · 1909
- Kretsch v. DenofrioAppellate Division of the Supreme Court of the State of New York · 1910
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