Martin v. Kanouse
New York Supreme Court
Trial by the court. Plaintiff's statement cj facts. This action was commenced against Kanouse alone, and grew out of another action against him, begun in the New-York court of common pleas, in September, 1845, to recover a bill of costs and counsel fees from Kanouse, of which bill a copy is annexed to the copy of the complaint now in the hands of the court in this case.
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Trial by the court. Plaintiff's statement cj facts. This action was commenced against Kanouse alone, and grew out of another action against him, begun in the New-York court of common pleas, in September, 1845, to recover a bill of costs and counsel fees from Kanouse, of which bill a copy is annexed to the copy of the complaint now in the hands of the court in this case. An application was made on behalf of Kanouse, to the court of common pleas, to remove that cause into the United States circuit court, which was denied, and the plaintiff had judgment therein by default. The proceedings in the…
1Opinion of the Court
Davies, Justice.
If I were hearing this matter upon a motion, I should certainly protect, to the extent this court has always protected, the equitable lien of the attorney. The cases where this has been done are numerous, and proceed on the principle that the court, in the exercise of its equitable powers, will protect the attorney’s lien. And the rule prevailed as well in courts of law as in equity. (Dunkin agt. Vandenburgh, 1 Paige, 622, and cases there cited ; Gihon agt. Fryatt, 2 Sand. S. C. Rep. 638 ; Sweet agt. Bartlett, 4 id,. 661; Nash agt. Hamilton, 3 Abbot P. Rep. 35; Peckham agt.…
2Cases cited3 opinions
- Nicoll v. NicollCourt for the Trial of Impeachments and Correction of Errors · 1836
- Dunkin v. VandenberghNew York Court of Chancery · 1829
- Gridley v. Garrison & FormanNew York Court of Chancery · 1834
3Cited by4 opinions
- Beecher v. Peter A. Vogt Manufacturing Co.New York Court of Appeals · 1920
- Puett v. BeardIndiana Supreme Court · 1882
- Purchase v. BellowsThe Superior Court of New York City · 1863
- Ennis v. CurryNew York Supreme Court · 1880