Legal Opinion

In re H—

New York Court of Appeals

Decided October 2, 1883PublishedCited by 4 opinions

Appeal from order of the General Term of the Supreme Court, in the first judicial department, made January 17,1883, which affirmed an order of Special Term substituting Abram Kling as attorney of record for the defendant in these proceedings, and authorizing him to collect costs awarded by the Court of Appeals. These proceedings were instituted to punish H., an attorney, for alleged professional misconduct.

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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made January 17,1883, which affirmed an order of Special Term substituting Abram Kling as attorney of record for the defendant in these proceedings, and authorizing him to collect costs awarded by the Court of Appeals. These proceedings were instituted to punish H., an attorney, for alleged professional misconduct. The Special Term granted the application.; its order was affirmed by the General Term, and from such affirmance an appeal was taken to the Court of Appeals. After the appeal to the Court…

1Opinion of the CourtDanforth, J.

The Supreme Court adjudged that M. (the original attorney) was not entitled to the remittitur, and in substance, therefore, that he could have no further connection with the case as attorney. No appeal was taken, and at a subsequent term of that court the respondent, upon notice, was substituted as attorney in place of M., and authorized to collect the costs in question. From this order M. appeals. Both orders were on the ground that M. had refused to go on with the case, or hold further intercourse with his client in regard thereto. He was, therefore, so far as the case in hand was…

2Cases cited2 opinions

  1. In Re PaschalSupreme Court of the United States · 1871
  2. Coughlin v. New York Central & Hudson River RailroadNew York Court of Appeals · 1877

3Cited by4 opinions

  1. In Re WoodworthCourt of Appeals for the Second Circuit · 1936
  2. Kimmie v. Terminal Railroad Assn.Supreme Court of Missouri · 1939
  3. Tuck v. ManningNew York Supreme Court · 1889
  4. In Re WoodworthCourt of Appeals for the Second Circuit · 1936

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