Legal Opinion

Gardner v. Tyler

New York Court of Common Pleas

Decided January 15, 1868PublishedCited by 3 opinions

‘Motion to compel compliance with a former order of the court. In this action, which was brought by David L. Gardner against Julia E. Tyler, William Watson, the attorney for the plaintiff, was served, on the 30th day of August, 1887, with an order, made by one of the judges of this court, to show cause why R. W. Townsend should not be substituted in his place as attorney for the plaintiff.

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‘Motion to compel compliance with a former order of the court. In this action, which was brought by David L. Gardner against Julia E. Tyler, William Watson, the attorney for the plaintiff, was served, on the 30th day of August, 1887, with an order, made by one of the judges of this court, to show cause why R. W. Townsend should not be substituted in his place as attorney for the plaintiff. The motion was heard before Mr. Justice Cabdozo, who made an order that it be referred to a referee by him appointed, to determine and report the amount due to the said attorney from the plaintiff, for…

1Opinion of the CourtVan Vorst, J.

—The plaintiff desired to change his attorney. He invoked the aid of the court for the accomplishment of this result. As was just to both attorney and client, a reference was ordered, to ascertain the amount due the attorney for his services, upon the payment of which, the substitution was to be made. After subjecting the attorney to the annoyance and trouble of a reference, and the loss of time and professional services to others incident to his attendance on the trial before the referee, and after prosecuting the proceeding until a report is made, he then abandons his application for a…

2Cases cited1 opinion

  1. Buzard v. GrossNew York Supreme Court · 1848

3Cited by3 opinions

  1. Curtis v. RichardsIdaho Supreme Court · 1895
  2. Wilkinson v. TildenU.S. Circuit Court for the District of Southern New York · 1883
  3. Payette v. WillisWashington Supreme Court · 1900

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